Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 1

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

# Attachment 1

Text of Final RegulationsRevisions to the South Carolina Air Implementation Plan Text of Regulations – Page 2

General Amendments to R. 61-62 July 18, 2011 This Page Intentionally Left BlankRevisions to the South Carolina Air Implementation Plan Text of Regulations – Page 3

General Amendments to R. 61-62 July 18, 2011 Underline/Strikeout Text of Revisions to R. 61-62 ..

................................................... ......... 4

Clean Copy, R. 61-62.1.............................

................................................... ......................... 35

Clean Copy, R. 61-62.3.............................

................................................... ......................... 80

Clean Copy, R. 61-62.5, Standard 1 .................

................................................... ................. 88

Clean Copy, R. 61-62.5, Standard 2 .................

................................................... ................. 96

Clean Copy, R. 61-62.5, Standard 4 .................

................................................... ................. 99

Clean Copy, R. 61-62.5, Standard 6 .................

................................................... ................. 111

Clean Copy, R. 61-62.5, Standard 7 .................

................................................... ................. 113

Clean Copy, R. 61-62.5, Standard 7.1 ...............

................................................... ................ 161Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 4

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

# Underline/Strikeout Text of Revisions to R. 61-62Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 5

General Amendments to R. 61-62 July 18, 2011 Indicates Matter Strick en Indicates New Matter

Text:

R. 61-62.1, Definitions and General Requirements:

SECTION I - DEFINITIONS

Regulation 61-62.1, Section I(15)-(100), has be rev ised as follows, to include new definitions at 15, 64, and 65; move definitions 57 and 58; make change s to definitions 19, 23, 27, 30, 45, and 85; delete definition 86; and reenumerate definition section f rom 15 to end as necessary:

15. CAA - The Clean Air Act, as amended, 42 U.S.C. 7401, et seq . Also referred to as “the Act.”

15 16 . Chemotherapeutic Waste - All waste resulting from the production or, use of antineoplastic agents used for the purpose of stopp ing 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 Manageme nt Regulation 61-79.261.

16 17 . Clean Wood - Untreated wood or untreated wood pro ducts including clean untreated lumber, tree stumps (whole or chipped), and tree li mbs (whole or chipped). Clean wood does not include yard waste, which is defined elsewhere in this Sect ion, or construction, renovation, and demolition wa ste (including but not limited to railroad ties and tel ephone poles).

17 18 . Commercial Incinerator - An incinerator that burn s 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 the se limits are considered municipal waste combustors

. This definition does not include retail and industr ial incinerators nor does it include waste from

maintenance activities at commercial establishments

.

18 19 . Commissioner - Commissioner means the Commissione r of the Department of Health

and Environmental Control.

19 20 . Conditional major source - A stationary source th at obtains a federally enforceable physical or operational limitation from the Departm ent to limit or cap the stationary source’s potenti al to emit to avoid being defined as a major source as de fined in S.C. Regulatio n 61

- 62.70, Title V Operating Permit Program

by applicable Federal and State regulations

.

20 21 . Continuous emission monitoring system or CEMS - a monitoring system for continuously measuring and recording the emissions of a pollutant from an affected facility.

21 22 . “Continuous program of physical on-site construct ion” - Means significant and continuous site preparation work such as major clea ring or excavation followed by placement of footing s, pilings, and other materials of construction, assem bly, or installation of unique facilities or equipm ent 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.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 6

General Amendments to R. 61-62 July 18, 2011 22 23 . Crematory Incinerator - Any incinerator designed and used solely for the burning of

human remains or animal remains.

23 24 . Department - Department means the South Carolina Department of Health and

Environmental Control.

24 25 . Dioxins/furans - the combined emissions of tetra- through octa-chlorinated dibenzoparadioxins and dibenzofurans, as measured by EPA R eference Method 23.

25 26 . Emission Data - The definition contained in 40 CF R 2.301(a)(2), July 1, 1986, is incorporated by reference.

26 27 . Emission Limitation (and emission standard) - A r equirement established by the State or by the Administrator of the Environmental Protectio n Agency which limits the quantity, rate, or concentration of emissions of air pollutants on a c ontinuous basis, including any requirements which l imit the level of opacity, prescribe equipment, set fuel specifications, or prescribe operation or maintena nce procedures for a source to assure continuous emissi on reduction.

27 28 . Federally enforceable - All limitations and condi tions 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, 63, and 70, requirements within the South Carolina State Implementation Plan (SIP), and any permit requirements established pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51, Subpart I, including operating permits issu ed under an EPA-approved program that is incorporated into the SIP and expressly requires adherence to an y permit issued under such program.

28 29 . Fuel Burning Operation - Use of furnace, boiler, device or mechanism used principally but not exclusively, to burn any fuel for the purpo se of indirect heating in which the material being heated is not contacted by and adds no substance to the pr oducts of combustion.

29 30 . Fugitive Dust - A type of particulate emission th at becomes airborne by forces of wind, man’s activity or both, including but not limited t o, construction sites, tilled land, materials stora ge piles, and materials handling.

30 31 . Fugitive Emissions - Air contaminants which escap e to the air not through an exhaust system, but through other means, including but not limited to, windows, vents, doors, ill

- fit ting closures or poorly maintained equipment. Emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.

31 32 . Garbage - Animal and vegetable waste resulting fr om the handling, preparation, cooking and serving of foods.

32 33 . Hazardous Air Pollutant - A pollutant which is th e subject of National Emission Standards for Hazardous Air Pollutants promulgated by the United States Environmental Protection Agency by publication in the Federal Register.

33 34 . Hazardous Waste - Any waste identified as such by South Carolina Hazardous Waste Management Regulation 61-79.

34 35 . 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 forRevisions to the South Carolina Air Implementation Plan Text of Regulations – Page 7

General Amendments to R. 61-62 July 18, 2011 hazardous wastes exempted by Section 266.30(b) of S outh Carolina Hazardous Waste Management Regulation 61-79.

35 36 . Hazardous Waste Incinerator - An incinerator whos e primary function is to combust hazardous waste, except for devices which have qual ified for exemption as provided in Sections 264.340(b) or 265.340(b) of South Carolina Hazardou s Waste Management Regulation 61-79.

36 37 . Hospital - any facility which has an organized me dical staff, maintains at least six inpatient beds, and where the primary function of t he institution is to provide diagnostic and therape utic patient services and continuous nursing care primar ily 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 maint ained for the sole purpose of providing nursing or conval escent care to human patients who generally are not acutely ill but who require continuing medical supe rvision.

37 38 . Hospital/medical/infectious waste incinerator or HMIWI or HMIWI unit - any device that combusts any amount of hospital waste and/or medica l/infectious waste.

38 39 . 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 40 . Incinerator - Any engineered device used in the p rocess of controlled combustion of waste for the purpose of reducing the volume, remov ing the contamination and/or reducing or removing the hazardous potential of the waste charged by des troying combustible matter leaving the noncombustible ashes, material and/or residue and w hich does not meet the criteria nor classification as a boiler nor is listed as an industrial furnace.

40 41 . Industrial Boiler - A boiler that produces steam, heated air, or other heated fluids for use in a manufacturing process.

41 42 . Industrial Furnace - Any of the following enclose d devices that are integral components of manufacturing processes and that use controlled flame devices to accomplish recovery of materials o r

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 (inclu ding pyrometallurgical devices such as tray furnaces, cupolas, reverberator furnaces, sintering machines, roasters, and foundry furnaces)

h. Titanium dioxide chloride process oxidation re actorsRevisions to the South Carolina Air Implementation Plan Text of Regulations – Page 8

General Amendments to R. 61-62 July 18, 2011 i. Methane reforming furnaces

j. Pulping liquor recovery furnaces

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

l. Such other devices as the Department may deter mine 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 sec ondary materials as effective substitutes for raw materials, in processes using r aw materials as principal feedstocks;

iv. The use of the device to burn or reduce seco ndary materials as ingredients in an industrial process to make a material product;

v. The use of the device in common industrial pr actice to produce a material product; and,

vi. Other factors, as appropriate.

42 43 . 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 a ny site.

43 44 . In Existence - Means that the owner or operator has obtained all necessary construction permits required by this Bureau and either has (a) begun, or caused to begin, a continuous program of physical on-site construction of the source or (b) entered into binding agreements or contractual obligations, which cannot be canceled or modified w ithout substantial loss to the owner or operator, t o undertake a program of construction of the source t o be completed in a reasonable time, or that the ow ner or operator possesses a valid operating permit for the source prior to the effective date of a regulat ion or

standard.

44 45 . Kraft pulp mill - Any stationary source which pro duces pulp from wood by cooking (digesting) wood chips in a water solution of sodiu m hydroxide and sodium sulfide (white liquor) at a high temperature and pressure. Regeneration of the cooking chemicals through a recovery process is als o considered part of the kraft pulp mill.

45 46 . Major Plant Source - Except as otherwise provided, this term refers t o any plant which directly emits, or has the potential to emit, one h undred tons per year or more of any regulated air pollutant greater than or equal to the major source threshol d as defined by applicable Federal and State regulations.

46 47 . Malfunction - any sudden, infrequent, and not rea sonably 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 maintena nce or careless operation are not malfunctions. Dur ing periods of malfunction the operator shall operate w ithin established parameters as much as possible, a ndRevisions to the South Carolina Air Implementation Plan Text of Regulations – Page 9

General Amendments to R. 61-62 July 18, 2011 monitoring of all applicable operating parameters s hall continue until all waste has been combusted or until the malfunction ceases, whichever comes first

.

47 48 . Mass Emission Rate - The weight discharged per un it of time.

48 49 . Medical/infectious waste - any waste generated in the diagnosis, treatment, or immunization of human beings or animals, in researc h pertaining thereto, or in the production or testi ng 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 n ot 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/in fectious waste, once the incineration process has b een completed; human corpses, remains, and anatomical p arts 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 a ssociated biologicals, including: cultures from medical and pathological laboratories; culture s and stocks of infectious agents from research and industrial laboratories; wastes from the production of biologicals; discarded live and attenuated vacc ines; and culture dishes and devices used to transfer, in oculate, and mix cultures.

b. Human pathological waste - tissues, organs, an d 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 wi th human blood that are now caked with dried human blood; including serum, plasma, an d other blood components, and their containers which were used or intended for use in either patie nt care, testing and laboratory analysis or the development of pharmaceuticals. Intravenous bags ar e also included in this category.

d. Sharps - instruments used in animal or human p atient care or treatment or in medical, research, or industrial laboratories, including hyp odermic needles, syringes (with or without the atta ched needle), pasteur pipettes, scalpel blades, blood vi als, needles with attached tubing, and culture dish es (regardless of presence of infectious agents). Also included are other types of broken or unbroken glassware that were in contact with infectious agen ts, such as used slides and cover slips.

e. Animal waste including contaminated animal car casses, body parts, and bedding of animals that were known to have been exposed to inf ectious agents during research (including research in veterinary hospitals), production of biologicals or testing of pharmaceuticals.

f. Isolation wastes - biological waste and discar ded 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.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 10

General Amendments to R. 61-62 July 18, 2011 g. Unused sharps including the following unused, discarded sharps: hypodermic needles, suture needles, syringes, and scalpel blades.

49 50 . Multiple-Chamber Incinerator - An incinerator con sisting of at least two refractory lined combustion chambers (primary and secondary) in seri es, physically separated by refractory walls, interconnected by gas passage ports or ducts.

50 51 . Municipal Solid Waste, MSW or Municipal-type Soli d Waste - Household, commercial/retail, and/or institutional waste. Hous ehold waste includes material discarded by single a nd multiple residential dwellings, hotels, motels, and other similar permanent or temporary housing

establishments or facilities. Commercial/retail was te includes material discarded by stores, offices, restaurants, warehouses, nonmanufacturing activitie s at industrial facilities, and other similar

establishments or facilities. Institutional waste i ncludes material discarded by schools, nonmedical w aste discarded by hospitals, material discarded by nonma nufacturing 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 wa ste (MSW) does not include used oil; sewage sludge; wood pallets; construction, renovation, and demolition wastes (which includes but is not limit ed to railroad ties and telephone poles); clean wood; industrial process or manufacturing wastes (includi ng type 5 or 6 waste); medical waste; radioactive cont aminated waste; hazardous waste; or motor vehicles (including motor vehicle parts or vehicle fluff).

51 52 . Municipal Waste Combustor, MWC, or Municipal Wast e Combustor Unit - Any setting or equipment that combusts solid, liquid, or gasifi ed municipal solid waste including, but not limited to, field-erected incinerators (with or without heat re covery), modular incinerators (starved-air or exces s-air), boilers (i.e., steam generating units) and furnaces (whether suspension-fired, grate-fired, mass-fired , or fluidized bed-fired, etc.), air curtain incinerator s, and pyrolysis/combustion units. Municipal waste combustors do not include pyrolysis/combustion unit s located at a plastics/rubber recycling unit s

. Municipal waste combustors do not include internal combustion engines, gas turbines, or other combustion devices that combust landfill gases coll ected by landfill gas collection systems.

For the purpose of determining reconstruction or m odification, as defined in 40 CFR 60, Subpart A or Regulation 62.5, Standard 3, to a municipal wast e combustor the following applies:

a. The boundaries of a municipal solid waste comb ustor are defined as follows. The municipal waste combustor unit includes, but is not limited to, the municipal solid waste fuel feed sy stem, grate system, flue gas system, bottom ash system, a nd the combustor water system. The municipal waste combustor boundary starts at the municipal solid wa ste pit or hopper and extends through:

i. The combustor flue gas system, which ends imm ediately following the heat recovery equipment or, if there is no heat recovery equipment, immediately following the combustion chamber;Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 11

General Amendments to R. 61-62 July 18, 2011 ii. The combustor bottom ash system, which ends at the truck loading station or similar ash handling equipment that transfer the as h to final disposal, including all ash handling sys tems that are connected to the bottom ash handling syste m; and

iii. The combustor water system, which starts at the feed water pump and ends at the piping exiting the steam drum or superheater.

b. The municipal waste combustor unit does not in clude air pollution control equipment, the stack, water treatment equipment, or the turbine-ge nerator set.

52 53 . Non-Industrial Boiler - Any boiler not classified as an industrial boiler.

53 54 . Non-Industrial Furnace - Any furnace not classifi ed as an industrial furnace.

54 55 . Non-Spec. Oil (Off-Spec. Oil) - See definition of used oil.

55 56 . Opacity - The degree to which emissions reduce th e transmission of light and obscure the view of an object in the background.

56 57 . Open Burning - Any fire or smoke-producing proces s which is not conducted in any boiler plant, furnace, high temperature processing unit, incinerator or flare, or in any other such equipment primarily designed for the combustion of fuel or waste material.

57. PM 10 - Particulate matter with an aerodynamic diameter le ss 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 equivalen t method designated in accordance with 40 CFR 53, J uly 1,

1987.

58. PM 10 Emissions

- Finely divided solid or liquid material with an ae rodynamic 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 58 . Part 70 permit - Any permit or group of permits c overing 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 59 . Particulate Matter - Any material, except uncombi ned water, that exists in a finely divided form as a liquid or solid at standard condi tions.

61 60 . Particulate Matter Emissions - All finely divided solid or liquid material, other than uncombined water, emitted to the ambient air as mea sured by an applicable reference method described i n 40 CFR 60, July 1, 1987, or an equivalent or altern ative method approved by the Department, with the

concurrence of the U. S. Environmental Protection A gency.

62 61 . Pathological waste - waste material consisting of only human or animal remains, anatomical parts, and/or tissue, the bags/container s used to collect and transport the waste material, and animal bedding (if applicable).

63 62 . Plant - Except as otherwise provided, any station ary source or combination of stationary sources, which is located on one or more contiguous or adjacent properties and owned or operated by th e same person(s) under common control.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 12

General Amendments to R. 61-62 July 18, 2011 64 63 . Plastics/Rubber Recycling Unit - An integrated pr ocessing unit where plastics, rubber, and/or rubber tires are the only feed materials (in cidental contaminants may be included in the feed materials) and they are processed into a chemical p lant feedstock or petroleum refinery feedstock, whe re the feedstock is marketed to and used by a chemical plant or petroleum refinery as input feedstock. Th e combined weight of the chemical plant feedstock and petroleum refinery feedstock produced by the plastics/rubber recycling unit on a calendar quarte r basis shall be more than 70 percent of the combin ed weight of the plastics, rubber, and rubber tires pr ocessed by the plastics/rubber recycling unit on a calendar quarter basis. The plastics, rubber, and/o r rubber tire feed materials to the plastics/rubber recycling unit may originate from the separation or diversion of plastics, rubber, or rubber tires fro m MSW or industrial solid waste, and may include manu facturing scraps, trimmings, and off-specification plastics, rubber, and rubber tire discards. The pla stics, rubber, and rubber tire feed materials to th e plastics/rubber recycling unit may contain incident al contaminants (e.g., paper labels on plastic bott les, metal rings on plastic bottle caps, etc.).

64. PM 2.5 – Particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5

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

accordance with 40 CFR 53.

65. PM 2.5 Emissions - Finely divided solid or liquid materia l with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers emitted to th e ambient air as measured by a reference method approved by the Department, with concurrence of the U. S. Environmental Protection Agency.

66. PM 10 - Particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by a reference method based on Appendix J of 40 CFR 50 and designated in accordance with 40 CFR 53 or by an equivalent metho d designated in accordance with 40 CFR 53.

67. PM 10 Emissions - Finely divided solid or liquid materia l 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.

65 68 . Potential to Emit - The maximum capacity of a pla nt to emit a regulated pollutant under its physical and operational design. Any physical o r operational limitation on the capacity of the pla nt to emit a regulated pollutant, including air pollution control equipment and restrictions on hours of ope ration or on the type or amount of material combusted, sto red, 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.

6 6 69 . Process Industry - Any source engaged in the manu facture, processing, handling, treatment, forming, storing or any other action upo n materials except fuel-burning operations.

67 70 . Process Weight - The total weight of all material s introduced into a source operation, including air and water where these materials becom e an integral part of the product, and solids used as fuels but excluding liquids and gases used solely a s fuels.

68 71 . Process Weight Rate - A rate established as follo ws:

a. For continuous or long-run steady-state source operations, the total process weight for the entire period of continuous operation or for a typi cal portion thereof, divided by the number of hours of such period or portion thereof.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 13

General Amendments to R. 61-62 July 18, 2011 b. For cyclical or batch unit operations, or unit processes, the total process weight for a period that covers a complete operation or an integ ral number of cycles, divided by the hours of actua l process operation during such a period.

Where the nature of any process or operation or th e design of any equipment is such as to permit more than one interpretation of this definition, th e interpretation that results in the minimum value for allowable emission shall apply.

69 72 . 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 73 . Refuse - Garbage, rubbish and/or trade waste.

71 74 . Refuse-derived Fuel - A type of municipal solid w aste produced by processing municipal solid waste through shredding and size classificati on. This includes all classes of refuse-derived fue l including low-density fluff refuse-derived fuel thr ough densified refuse-derived fuel and pelletized

refuse-derived fuel.

72 75 . Retail Business Type Incinerator - An incinerator that combusts waste typical of a retail business rather than domestic, commercial, or indus trial activities.

73 76 . Rubbish - Solid wastes from residences and dwelli ngs, commercial establishments, and

institutions.

74 77 . Salvage Operations - Any operation of a business, trade, or industry engaged in whole or in part in salvaging or reclaiming any product or m aterial including, but not limited to, metals, chem icals, shipping containers, drums or automobiles.

75 78 . Secondary Emissions - Emissions which would occur as a result of the construction or operation of a major plant source or major modification, but do not come from the ma jor plant source or major modification itself. Secondary emissions shal l be specific, well defined, quantifiable, and shal l impact the same general area as the plant source or modification which causes the secondary emissio ns. Secondary emissions may include, but are not limite d to:

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

.

b. emissions from any offsite support operation w hich would not otherwise be constructed

or increase its emissions as a result of the constr uction or operation of the major plant source or major

modification.

76 79 . Sludge Incinerator - An incinerator that combusts wastes containing more than 10% (dry weight basis) sludge produced by municipal or indus trial waste water treatment plants or each incinera tor that charges more than 2205 lb/day (dry weight basi s) of sludge produced by municipal or industrial wastewater treatment plants.

77 80 . Smoke - Small gasborne and airborne particles ari sing from a process of combustion in sufficient number to be observable by a person of n ormal vision under normal conditions.

78 81 . Solid Fuel - A fuel which is fired as a solid suc h as coal, lignite and wood.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 14

General Amendments to R. 61-62 July 18, 2011 79 82 . Spec. Oil - See definition of used oil.

80 83 . Stack - Any flue, conduit, chimney, or opening ar ranged to conduct an effluent into the open air.

81 84 . Stack Height - The vertical distance measured in feet between the point of discharge from the stack or chimney into the outdoor atmosphere an d the elevation of the land thereunder.

82 85 . Standard Conditions - 760 millimeters of mercury at 25 o Centigrade.

83 86 . Stationary Source - Any building, structure, inst allation 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 87 . Substantial loss - Generally means a loss which w ould equal or exceed 10 percent of the total initial project cost.

85 88 . Synthetic minor plant source - A stationary source that obtains a federally enf orceable physical or operational limitation from the Departm ent to limit or cap the stationary source’s potenti al to emit to avoid being defined as a major plant source or major modification, as defined in S.C. Regulati on 61

- 62.5, Standard No. 7, Section I, Prevention of Sign ificant Deterioration (“P SD”) by applicable Federal and State regulations.

87 89 . Total reduced sulfur (TRS) - The sum of the sulfu r compounds hydrogen sulfide, methyl mercaptan, dimethyl sulfide, and dimethyl disulfide , that are released during the kraft pulping operat ion.

88 90 . Total Suspended Particulate (TSP) - Particulate m atter as measured by the method described in Appendix B, 40 CFR 50, July 1, 1987.

89 91 . Trade Waste - All solid, liquid or gaseous materi al or rubbish resulting from construction, building operations, or the prosecution of any busi ness, trade or industry including, but not limited to, plastic products, cartons, paint, grease, oil and o ther petroleum products, chemicals and cinders.

90 92 . Untreated lumber - Wood or wood products that hav e been cut or shaped and include wet, air-dried, and kiln-dried wood products. Untreated lumber does not include wood products that have bee n painted, pigment-stained, or “pressure-treated.” Pr essure-treating compounds include, but are not limi ted to, chromate copper arsenate, pentachlorophenol, an d creosote.

91 93 . Used Oil - Any oil that has been refined from cru de 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 suita ble for further use and may be economically recycla ble.

This also includes absorbent material contaminated with used oil such as oily rags or absorbent blanke ts. 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 maximumRevisions to the South Carolina Air Implementation Plan Text of Regulations – Page 15

General Amendments to R. 61-62 July 18, 2011 iii. Chromium - 10 ppm maximum

iv. Lead - 100 ppm maximum

v. Nickel - 120 ppm maximum

vi. Total halogens - 4000 ppm maximum**

vii. Flash Point - 100 o F (37.8 o C) minimum

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

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

_______________

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

92 94 . Utility Boiler - A boiler that produces steam, he ated air, or other heated fluids for sale or for use in producing electric power for sale.

93 95 . Virgin Fuel - Unused solid, liquid, or gaseous co mmercial fuel. Also, clean wood or bark that has not been processed other than for size red uction excluding clean wood or bark burned in an ai r curtain incinerator.

94 96 . Volatile Organic Compound (VOC) - Any organic com pound which participates in atmospheric photochemical reactions; or which is me asured by a reference method (as specified in 40 CFR 60, as of July 1, 1990), an equivalent method, an alternative method, or which is determined by procedures specified under any subpart of 40 CFR 60 . This includes compounds other than the following compounds:

acetone; (CF 3 ) 2 CFCF 2 OC 2 H 5 (2-(ethoxydifluoromethyl)-(1,1,1,2,3,3,3-heptaflu oropropane); ((CF 3 ) 2 CFCF 2 OCH 3 ,) (2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafl uoropropane); CFC-11 (trichlorofluoromethane); CFC-12 (dichlorodifluoromethane); CFC-113 (1,1,2-trichloro-1,2,2-trifluoroethane); CFC-114 (1,2-dichloro-1,1,2,2-tetrafluoroethane); CFC-115 (chloropentafluoroethane); dimethyl carbonate; ethane; HCFC-22 (chlorodifluoromethane); HCFC-31 (chlorofluoromethane); HCFC-123 (1,1,1-trifluoro-2,2-dichloroethane); HCFC-123a (1,2-dichloro-1,1,2-trifluoroethane); HCFC-124 (2-chloro-1,1,1,2-tetra-fluoroethane); HCFC-134a (1,1,1,2-tetrafluoroethane); HCFC-141b (1,1-dichloro-1-fluoroethane); HCFC-142b (1-chloro-1,1-difluoroethane); HCFC-151a (1-chloro-1-fluoroethane); HCFC 225ca (3,3-dichloro-1,1,1,2,2-pentafluoropropa ne);Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 16

General Amendments to R. 61-62 July 18, 2011 HCFC 225cb (1,3-dichloro-1,1,2,2,3-pentafluoropropa ne); 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-propa ne) or (n-C 3 F 7 OCH 3 ); HFE-7100 (1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxybut ane) or (C 4 F 9 OCH 3 ); HFE-7200 (1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobuta ne) or (C 4 F 9 OC 2 H 5 ); HFE-7300 (1) 1,1,1,2,2,3,4,5,5,5-decafluoro-3-metho xy-4-trifluoromethyl-pentane; HFE-7500 (3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafl uoro-2-(trifluoromethyl) hexane; methane; methyl acetate; methyl chloroform (1,1,1-trichloroethane); methylene chloride (dichloromethane); methyl formate (HCOOCH 3 ); parachlorobenzotrifluoride (PCBTF); perchloroethylene (tetrachloroethylene); perfluorocarbon compounds that fall into these clas ses: (i) cyclic, branched, or linear, completely fluori nated alkanes; (ii) cyclic, branched, or linear, completely fluori nated ethers with no unsaturations; (iii) cyclic, branched, or linear, completely fluor inated tertiary amines with no unsaturations; (iv) sulfur containing perfluorocarbons with no uns aturations and with sulfur bonds only to carbon and fluorine; propylene carbonate; and volatile methyl siloxanes (cyclic, branched, or li near completely methylated siloxanes) (VMS).

These compounds have been determined to have neglig ible photochemical reactivity. For purposes of determining compliance with emission limits, VOC wi ll be measured by the approved test methods. Where such a method also inadvertently measures com pounds with negligible photochemical reactivity, an owner or operator may exclude these negligibly r eactive compounds when determining compliance

with an emissions standard.

The following compound(s) are VOC for purposes of a ll recordkeeping, emissions reporting, photochemical dispersion modeling and inventory requirem ents which apply to VOC and shall be uniquely identified in emission reports, but are not VOC for purposes of VOC emissions limitations or VOC content requirements: t-butyl acetate (TBAC or TBAc ).

95 97 . Waste - Any discarded material including but not limited to used oil, hazardous waste fuel, hazardous waste, medical waste, municipal sol id waste, sludge, waste fuel, and waste classificat ionRevisions to the South Carolina Air Implementation Plan Text of Regulations – Page 17

General Amendments to R. 61-62 July 18, 2011 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 impurit ies or loss of original properties.

a. Type 0 - Trash, a mixture of highly combustibl e waste such as paper, cardboard, wood boxes, and combustible floor sweepings, from commer cial and industrial activities. The mixture contain s 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% incombustib le solids and has a heating value of approximately 8500 BTU per pound as fired.

b. Type 1 - Rubbish, a mixture of combustible was te 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 weigh t of restaurant or cafeteria waste, but contains li ttle or no treated papers, plastic or rubber wastes.

Typical composition: 25% moisture, 10% incombusti ble solids and has a heating value of approximately 6500 BTU per pound as fired.

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

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

d. Type 3 - Garbage, consisting of animal and veg etable wastes from restaurants, cafeterias, hotels, hospitals, markets, and like installations.

Typical composition: up to 70% moisture, up to 5% incombustible solids and has a heating value of approximately 2500 BTU per pound as fired.

e. Type 4 - Human and animal remains, consisting of carcasses, organs and solid organic wastes from hospitals, laboratories, abattoirs, ani mal pounds, and similar sources.

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

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

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

96 98 . Waste Fuel - Waste that does not meet hazardous w aste criteria but has a heat value greater than 5000 BTU/lb.

97 99 . Yard waste - Grass, grass clippings, bushes, shru bs, and clippings from bushes and shrubs that are generated by residential, commercia l/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 wa stes, which are exempt from the definition ofRevisions to the South Carolina Air Implementation Plan Text of Regulations – Page 18

General Amendments to R. 61-62 July 18, 2011 municipal solid waste in this Section. Yard waste d oes not include clean wood, which is also exempt fr om the definition of municipal solid waste in this Sec tion.

SECTION II

- PERMIT REQUIREMENTS.

Regulation 61-62.1, Section II has had an introduct ion added before subsection (A) as follows:

The following regulation will not supersede any Sta te or Federal requirements nor special permit conditions, unless this regulation would impose a m ore restrictive emission limit. The owner or opera tor shall comply with all terms, conditions, and limita tions of any Department-issued permit for sources o r activities at its facility. A source’s permit stat us may change upon promulgation of new regulatory requirements.

Regulation 61-62.1, Section II(A) has been revised as follows:

A. Construction Permits

1. Applicability

a. This regulation will not supersede any State or Fed eral requirements nor special permit conditions, unl ess this regulation would impose a more restrictive emission limit.

b a . Except as allowed under paragraphs (c) and (d) be low, any person who plans to construct, alter or add to a source of air contaminants, inclu ding installation of any device for the control of air contaminant discharges, shall first obtain a constr uction permit from the Department prior to

commencement of construction.

c b . The Department may grant permission to proceed wi th minor alterations or additions without issuance of a construction permit when the Department determines that the alteration or additi on will not increase the quantity and will not alter t he character of the source’s emissions.

d c . The owners or operators of sources not requesting to use Federally enforceable construction permit conditions to limit potential t o emit, sources not subject to regulations with mor e stringent start of construction limitations, or sou rces not otherwise exempt from permit requirements, may undertake the following on-site activities prior to obtaining a construction permit:

i. Planning; ii. Engineering and design; iii. Geotechnical investigation; iv. Site land clearing and grading; v. Setting up temporary trailers to house constr uction staff and contractor personnel; vi. Ordering of equipment and materials; vii. Receipt and storing of equipment; viii. Pouring of the foundation up to and includ ing the mounting pads and slab on grade; ix. Relocation of utilities; and, x. For existing sources, relocation/installation of piping, electrical service, and

instrumentation.

d. In the event that the source does not qualify for i ssuance of a construction permit, the owners or operators accept the financial risk of co mmencing these activities.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 19

General Amendments to R. 61-62 July 18, 2011 2. No permit to construct or modify a source will b e issued if emissions interfere with attainment or maintenance of any State or Federal standard.

3. The owner or operator shall submit written notif ication to the Department of the date construction is commenced, postmarked no later than 30 days afte r such date, and written notification of the actual date of initial startup of each new or altered sour ce, postmarked within 15 days after such date.

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

- issued construction permit for sources or activitie s at its facility.

5 4 . Approval to construct shall become invalid if con struction: is not commenced within 18 months after receipt of such approval, if construction is discontinued for a pe riod of 18 months or more, or if construction is not completed within a reasonable t ime.

a) Is not commenced within 18 months after receipt of such approval, b) Is discontinued for a period of 18 months or mo re, or c) Is not completed within a reasonable time as de emed by the Department.

5. The Department may extend the construction permit for an additional 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 ph ased construction project; each phase must commence construction within 18 months of the proje cted and approved commencement date.

Regulation 61-62.1, Section II(B)(2)(h) has been re vised as follows:

h. Sources with a total uncontrolled emission rat e of less than 1 lb/hr each of particulates, sulfur dioxide, nitrogen oxides, and carbon monoxid e; and a total uncontrolled emission rate of less t han 1000 lbs/month of VOC will not require construction permits. However, these sources may be required to be included in any subsequent construction or op erating permit review to ensure that there is no ca use or contribution to an exceedance of any ambient air quality standard or limit. For toxic air pollutan t exemptions, refer to S.C. Regulation 61-62.5, Stand ard No. 8. Emissions calculations and any other information necessary to document qualification for this exemption must be maintained onsite and provided to the Department upon request

Regulation 61-62.1, Section II(B)(3) has been revis ed as follows:

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

sources that have been determined to have total unc ontrolled emissions less than the thresholds in Sec tion II (B)(2)(h) will not interfere with the attainment or maintenan ce of any State or Federal standard , on a list of sources to be exempted without further revi ew. The list of sources that are exempt without fu rther review from the requirement to obtain a constructio n 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.

Regulation 61-62.1, Section II(B)(4) has been revis ed as follows:

4. Sources whose only emissions are fugitive with only fugitive emissions must submit source information, and the need for permit(s) will be mad e by the Department on a case-by-case basis. This determination will take into consideration, but wil l not be limited to the nature and amount of the pollutants, location, proximity to residences and c ommercial establishments, etc.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 20

General Amendments to R. 61-62 July 18, 2011 Regulation 61-62.1, Section II(B)(6) has been revis ed as follows

6. The construction permitting exemptions in Secti on II (B) do not relieve the owner or operator of any source from any obligation to comply with any o ther applicable requirements. The Department reserves the right to require a construction permit and the need for permit(s) will be made by the Department on a case-by-case basis. This determinat ion 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.

Regulation 61-62.1, Section II(C)(3)(c) and (d) has been revised as follows:

c. The facility's Federal Employer Identification Number or Federal Tax ID Number ;

d. A description and the U. S. Standard Industria l Classification (SIC) Code or and North American Industry Classification System (NAICS) Cod e of the products or product lines to be produced by the proposed sources covered by this application ;

Regulation 61-62.1, Section II(G)(4)’s title has be en revised as follows:

4. New or Modified Sources

Regulation 61-62.1, Section II(H)(4)(c) has been re vised as follows:

c. The facility's Federal Employer Identification Number or Federal Tax ID Number ;

Regulation 61-62.1, Section II(I)(1)(b) has been re vised as follows:

b. Registration permits will be developed only fo r specific stationary source groups with uncontrolled potential to emit less than the thresh old for major source groups, in accordance with S.C

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

, Prevention of Significant Deterioration; S.C. Regul ation 61-62.5, and Standard No. 7.1, Nonattainment New Source Review, ; and where equipment similarities and simplicity r emove the need for in depth sitespecific review.

Regulation 61-62.1, Section II(I)(2)(a) has been re vised as follows:

a. A source that qualifies may elect to apply to the Department for coverage under a registration permit in lieu of a construction and o perating 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 an d terms of the registration permit applicable to si milar sources. The source shall be subject to enforcemen t action for operation without a valid permit if th e source is later determined not to qualify for the c onditions and terms of the registration permit. The Department reserves the right to require a construc tion or operating permit and the need for permit(s) will be made by the Department on a case-by-case basis. This determination will take into consideration, bu t
will not be limited to the nature and amount of the pollutants, location, proximity to residences and commercial establishments, etc.

Regulation 61-62.1, Section II(I)(3)(a) has been re vised as follows:Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 21

General Amendments to R. 61-62 July 18, 2011 a. Registration Permits shall contain the any applicable standard permit conditions listed in Section II (J)(1) as the Department finds appropriate

Regulation 61-62.1 Section II(J)(1) has been revise d as follows :

1. Standard Permit Conditions

All construction and operating permits shall contain the following standard permit conditions.

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

b. All official correspondence, plans, permit app lications and written statements are an integral part of the permit. Any false information or misrepresentation in the application for a const ruction or operating permit may be grounds for permit revoc ation.

c. For sources not required to have continuous em ission monitors, any malfunction of air pollution control equipment or system, process upse t or other equipment failure which results in discharges of air contaminants lasting for one hour or more and which are greater than those discharge s described for normal operation in the permit applic ation shall be reported to the Department within twenty-four hours after the beginning of the occurr ence and a written report shall be submitted to the Department within thirty (30) days. The written rep ort shall include as a minimum, the following:

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

ii. The magnitude of the excess emissions expres sed in the units of the applicable emission limitation and the operating data and calc ulations used in determining the excess emissions;

iii. The time and duration of the excess emissio ns;

iv. The identity of the equipment causing the ex cess emissions;

v. The nature and cause of such excess emissions ;

vi. The steps taken to remedy the malfunction an d the steps taken or planned to prevent the recurrence of such malfunction;

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

viii. Documentation that the air pollution contr ol 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 emissi ons.

d. Sources required to have continuous emission m onitors shall submit reports as specified in applicable parts of the permit, law, regulations , or standards.

e. Any owner or operator who constructs or operat es a source or modification not in accordance with the application submitted pursuant to this regulation or with the terms of any approva l to construct, or who commences construction after the effective date of these regulations without applyin g for and receiving approval hereunder, shall be subj ect to enforcement action.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 22

General Amendments to R. 61-62 July 18, 2011 f. Approval to construct shall become invalid if construction is not commenced within 18 months after receipt of such approval, if construct ion is discontinued for a period of 18 months or mo re, or if construction is not completed within a reason able time. The Department may extend the 18-month period upon a satisfactory showing that an extensio n is justified. This provision does not apply to t he time period between construction of the approved ph ases of a phased construction project; each phase

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

g. A copy of the Department issued construction a nd/or operating permit must be kept readily available at the facility at all times. The permittee shall maintain such operational records; make reports; install, use, and maintain monitoring equi pment or methods; sample and analyze emissions or discharges in accordance with prescribed methods, a t locations, intervals, and procedures as the Department shall prescribe; and provide such other information as the Department reasonably may require. All records required to demonstrate compli ance with the limits established under this permit shall be maintained on site for a period of at least five (5) years.

Regulation 61-62.1, Section II(N)(5) has been revis ed as follows:

5. Any proposed new or modified stationary source required to undergo a public comment period shall not commence any construction until all publi c participation procedures of this section are completed, and the source has received an effective construction or operating permit from the Department.

Regulation 61-62.1, Section II(O) has been added to the end of Section II as follows:

O. Inspection and Entry

Upon presentation of credentials and other documen ts as may be required by law, the permittee shall allow the Department or an authorized representativ e to perform the following:

1. Enter the facility where emissions-related acti vity is conducted, or where records must be kept under the conditions of the permit.

2. Have access to and copy, at reasonable times, a ny records that must be kept under the conditions of the permit.

3. Inspect any facilities, equipment (including mo nitoring and air pollution control equipment), practices, or operations regulated or required unde r this permit.

4. As authorized by the Federal Clean Air Act and/ or the SC Pollution Control Act, sample or monitor at reasonable times substances or parameter s for the purpose of assuring compliance with the permit or applicable requirements.

R. 61-62.3, Air Pollution Episodes:

Regulation 61-62.3, Section I(2)-(4) has been revis ed as follows:

2. WATCH - This level will be activated when conti nuous air quality monitoring indicates that one of the following pollutant concentrations has been rea ched:

PM 10 - 350 μg/m 3 , 24-hour average;Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 23

General Amendments to R. 61-62 July 18, 2011 SO 2 - 400 μg/m 3 (0.15 p.p.m.), 24-hour average; or

O 3 (Ozone) - 400 μg/m 3 (0.2 p.p.m.), 1-hour average;

and meteorological conditions are such that the pol lutant concentrations can be expected to remain at the above levels for twelve (12) hours or more, or incr ease, or in the case of ozone, the situation is lik ely to

recur within the next 24 hours unless control actio ns are taken.

3. ALERT - This level indicates that air quality i s continuing to deteriorate and that additional con trol actions are necessary. An alert will be declared wh en monitoring indicates that one of the following pollutant concentrations has been reached:

PM 10 - 420 μg/m 3 , 24-hour average;

SO 2 - 800 μg/m 3 (0.3 p.p.m.), 24-hour average; or

O 3 (Ozone) - 800 μg/m 3 (0.4 p.p.m.), 1-hour average;

and meteorological conditions are such that polluta nt concentrations can be expected to remain at the above levels for twelve (12) hours or more, or incr ease, or in the case of ozone, the situation is lik ely to

recur within the next 24 hours unless control actio ns are taken.

4. EMERGENCY - The primary objective of this plan is to prevent this level from ever being reached; however, should this level be reached the most stringent control actions are necessary. An emergency will be declared when monitoring indicate s that one of the following pollutant concentration s has been reached:

PM 10 - 500 : μ g/m 3 , 24-hour average;

SO 2 - 1600 : μ g/m 3 (0.6 p.p.m.), 24-hour average; or

O 3 (Ozone) - 1000 : μ g/m 3 (0.5 p.p.m.), 1-hour average;

and meteorological conditions are such that this co ndition can be expected to continue for twelve (12) or more, or increase, or in the case of ozone, the sit uation is likely to recur within the next 24 hours unless

control actions are taken.

R. 61-62.5 Standard 1, Emissions From Fuel Burning Operations:

Regulation 61-62.5 Standard 1, Section I(C) has bee n revised as follows:

SECTION I - VISIBLE EMISSIONS

C. Special Provisions

The opacity standards set forth above do not apply during startup or shutdown. Owners and operators shall, to the extent practicable, maintain and oper ate any source including associated air pollution c ontrol equipment in a manner consistent with good air poll ution control practices for minimizing emissions. I n addition, the owner or operator of fuel burning sou rces except natural gas fired units, shall maintain a log of the time, magnitude, duration and any other pert inent information to determine periods of startup a nd shutdown and make available to the Department upon request.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 24

General Amendments to R. 61-62 July 18, 2011 R. 61-62.5 Standard 2, Ambient Air Quality Standard s:

Regulation 61-62.5 Standard 2 has been revised as f ollows:

The following table constitutes the ambient air qu ality standards for the State of South Carolina. Th e analytical methods to be used will be those applica ble Federal Reference Methods published in 40 CFR 50, Appendices A-N as revised July 18, 1997. In the case of fluorides either the double paper tape sampler methods (ASTM D-3266-79) or the sodium bica rbonate-coated glass tube and particulate filter method (ASTM D3268-78) may be used.

Pollutant Measuring Interval Micrograms Per Cubic Meter

Unless Noted Otherwise (1) (2)

Sulfur Dioxide 3 hours

24 hours

annual 1300 (4)

365 (4)

80

Total Suspended Particulates Annual Geometric Mean 75

PM 10 24 hours

annual 150 (3)

50 (3)

PM 2.5 (Primary and Secondary Standards) 24 hours

annual 35 (3)

15 (3)

Carbon Monoxide 1 hour

8 hour 40 mg per cubic meter (4)
10 mg per cubic meter (4)

Ozone 8 hours

8 hours 0.08 ppm (3) (5)
0.075 ppm (3)

Gaseous Fluorides (as HF) 12 hr. avg. 24 hr. avg. 1 wk. avg. 1 mo. avg. 3.7

2.9

1.6

0.8

Nitrogen Dioxide annual 100

Lead Rolling 3-month Average (6) 0.15

(1) Arithmetic Average except in case of total suspend ed particulate matter

(2) At 25 0 C and 760 mm Hg.

(3) Attainment determinations will be made based on th e criteria contained in 40 CFR 50 Appendices H, I, K and N.

(4) Not to be exceeded more than once a year.

(5) The 1997 standard – and the implementation rules f or that standard – will remain in place for implementation purposes as EPA undertakes rulemakin g to address transition from the 1997 ozone

standard to the 2008 ozone standard.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 25

General Amendments to R. 61-62 July 18, 2011 (6) Detailed explanation of the rolling 3-month averag e calculation can be found in 40 CFR 50.16

R. 61-62.5 Standard 4, Emissions From Process Indus tries:

Regulation 61-62.5 Standard 4, Section V has been r evised in its entirety as follows:

SECTION V - COTTON GINS

A. Particulate matter emission from cotton gins sha ll be limited to the maximum rate specified in the table

below.

Production Rate

(Output)

Bales* Per

Hour Maximum Allowable Rate of

Particulate Matter Emissions (Pounds Per Hour)

4 12.3

5 14.4

6 16.2

7 18.0

8 19.5

9 21.2

10 22.8

11 24.2

12 25.8

13 27.1

14 28.5

15 29.9

16 and above 31.2

*For the purpose of this standard a bale is defined as a finished bale weighing 500 pounds.

B. The maximum allowable opacity from cotton ginnin g operations shall be 20%.

A. Definitions

1. 1D-3D cyclone – Any cyclone-type collector of t he 1D-3D configuration. This designation refers to the ratio of the cylinder to cone length, where D is the diameter of the cylinde r portion. A 1D-3D cyclone has a cylinder length of 1 xD and a cone length of 3xD.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 26

General Amendments to R. 61-62 July 18, 2011 2. 2D-2D cyclone – Any cyclone-type collector of t he 2D-2D configuration. This designation refers to the ratio of the cylinder to cone length, where D is the diameter of the cylinde r portion. A 2D-2D cyclone has a cylinder length of 2 xD and a cone length of 2xD.

3. Bale – A compressed package of cotton lint weig hing nominally 500 lbs.

4. Gin Yard - the land upon which a cotton gin is located and all contiguous land having common ownership or use.

5. Ginning operation – Any facility or plant that separates cotton lint from cotton seed. This process typically includes cleaning (removing plant material, dirt and other foreign matter) and packa ging

the lint into bales.

6. Ginning season – The period of time during whic h the gin is in operation; usually between (but not limited to) September of the curre nt year and January of the following year.

7. High pressure exhausts – The exhaust air system s at a cotton gin preceding the gin stand (including unloading, drying, extracting, cleaning, and overflow handling systems) in which material i s conveyed by a higher pressure air and is typically controlled by cyclones.

8. Low pressure exhausts – The exhausts air system s at a cotton gin following the gin stand (including lint cotton cleaning and battery formati on process) in which material is conveyed by low pressure air and is typically controlled by condens ers.

9. Removal efficiency – Percent of total particula te matter removed from the gas stream between a cyclone’s inlet and outlet.

B. Applicability

1. This rule applies to all existing, new, and mod ified cotton ginning operations in South Carolina. These facilities will be subject to regis tration permit conditions as specified in SC Regula tion 61-62.1 Section II(I).

2. Existing facilities with a maximum gin stand ra ted capacity (or documented equipment limitation) of less than twenty (20) bales per hour that do not have cyclones on lint cleaning system exhausts and battery condenser exhausts as of promu lgation date of this rule, will not be required to add the emission control devices in Paragraph (C)(2) to lint cleaning exhausts or battery condenser exhaus ts if emissions from these exhausts are controlled by fin e mesh screens.

C. Emission Control Requirements

1. New facilities will be required to apply for a registration permit before commencement of construction. Existing facilities will be required to apply for a registration permit within 90 days o f the promulgation date of this rule. Until such time th at a registration permit is issued by the Departmen t, existing cotton ginning operations should operate w ith existing permits.

2. Each cotton ginning operation shall install and operate a particulate emission control system on all high and low pressure exhausts and li nt cleaning system exhausts that includes one or mo re 1D-3D or 2D-2D cyclones meeting the cylinder diamet er requirements to produce a 3.5 to 6.0 or 3.0 to 5.5 inches of water pressure drop (respectively) as illustrated in Figure 6-20 and 6-21 of the Agricul turalRevisions to the South Carolina Air Implementation Plan Text of Regulations – Page 27

General Amendments to R. 61-62 July 18, 2011 Handbook Number 503, Cotton Ginners Handbook , dated December 1994. Exiting facilities shall com ply with these control equipment requirements by August 31, 2012.

3. Air pollutant emissions shall not exceed 20 per cent opacity.

4. Stacks shall not be equipped with raincaps or o ther devices that deflect the emissions

downward or outward.

5. Trash stacker areas shall contain one of the fo llowing:

a. A three sided enclosure with a roof whose sides are high enough above the opening of the dumping device to prevent wind from dispersing dust or debris; or

b. A device to provide wet suppression at the dump area of the trash cyclone and minimize free fall distance of waste material exiting the trash c yclone.

6. The owner or operator shall ensure that all tru cks transporting gin trash material are covered and that the trucks are cleaned of over-spi ll material before trucks leave the trash hopper du mp

area.

7. Reasonable precautions should be taken when ope rating or maintaining storage piles, materials, equipment, or vehicles in order to preve nt any substance from being scattered by the wind o r air in order to prevent fugitive dust emissions in accordance with SC Regulation 61-62.6, Section II.

D. Alternative Control Measures

The owner or operator of a cotton ginning operatio n may petition the Department to use alternative control measures to those specified in this rule. The petition shall include:

1. The name and address of the petitioner;

2. The location and description of the cotton ginn ing operation;

3. A description of the alternative control measur e; and

4. A demonstration that the alternative control me asure is at least as effective as the control device or method specified in this rule.

5. Once approved, repairs and maintenance of such devices will not require notification to the Department.

E. Monitoring

1. To ensure that the minimum required removal eff iciency is maintained, the owner or operator shall establish, based on manufacturers re commendations or industry standards, an inspection and maintenance schedule for the control devices, o ther emission processing equipment, and monitoring devices that are used pursuant to this rule. The in spection and maintenance schedule shall be followed throughout the ginning season. The results of the i nspections and any maintenance performed on the control equipment, emission processing equipment, o r monitoring devices shall be documented in an onsite log book and made available to the Department upon request. The owner or operator should keep a copy of the manufacturer’s specifications for each type of control device installed.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 28

General Amendments to R. 61-62 July 18, 2011 2. On a weekly basis, the owner or operator shall measure and calculate the pressure drops across all cyclones. Measurements shall be made usi ng a manometer, a Magnahelic® gauge, or other device that the Department has approved as being eq uivalent to a manometer. These measurements should be recorded in the log book referred to in ( E)(1). If the owner or operator measures a static pressure out of the range indicated in (C)(2) of th is regulation, the owner or operator shall initiate

corrective action. Corrective action shall be recor ded in the logbook. If corrective action will take more than 48 hours to complete, the owner or operator sh all notify the Department no later than the end of the day such static pressure is measured.

3. During the ginning season, the owner or operato r shall weekly inspect for structural integrity of the control devices and other emission s processing systems and shall ensure that the cont rol devices and emission processing systems conform to normal and proper operation of the gin. Fine mesh screens should be inspected daily throughout the gi nning season and any clogs should be removed. If a problem is found, corrective action shall be taken and recorded in the logbook required in (E)(1) of t his

rule.

4. If control devices are repaired or replaced wit h equivalent control equipment, the facility must maintain on-site documentation showing complia nce with the conditions specified in Section V (C) or previously allowed for under Section V (D).

5. The owner or operator shall retain all records required by this rule for three (3) years from the date of recording.

Regulation 61-62.5 Standard 4, Section XII(B) has b een revised as follows:

SECTION XII – PERIODIC TESTING

B. Total Reduced Sulfur (TRS)

An owner or operator of a source which must comply with Section XI must perform scheduled periodic tests for TRS every two years or on a sche dule as stipulated by special permit conditions and

shall ensure that source tests are conducted in acc ordance with R.61-62.1, Section IV, Source Tests un less they are subject to TRS continuous monitoring equip ment as specified in Section XI(D)(1)(a) of this regulation

.

R. 61-62.5 Standard 6, Alternate Emissions Limitati on Options (“Bubble”):

Regulation 61-62.5 Standard 6, has been deleted in its entirety and reserved as follows:

SOUTH CAROLINA

DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL

AIR POLLUTION CONTROL REGULATIONS AND STANDARDS

REGULATION 61-62.5

AIR POLLUTION CONTROL STANDARDS

STANDARD NO. 6

ALTERNATIVE EMISSION LIMITATION OPTIONS

( “Bubble”) ReservedRevisions to the South Carolina Air Implementation Plan Text of Regulations – Page 29

General Amendments to R. 61-62 July 18, 2011 SECTION I

- GENERAL

This “bubble” policy provides procedures which allo w existing plants to be excused from installing pollution controls at one or more emission sources in exchange for compensating increases in control a t
other emiss ion sources. Each “bubble” must be equivalent to th e original emission limits in terms of ambient impact and enforceability. Bubbles can not be used to meet technology based requirements applicable to new sources.

Alternative emission limitation options neither apply to nor supersede the requirement that a plant

must meet the emission limitations of Prevention of Significant Deterioration, New Source Performance Standards, National Emissions Standards for Hazardo us Air Pollutants, or any other conditions which the

Federal Clean Air Act mandates.

In order for a source to be eligible to use this op tion, it must be a source subject to emission limitations set forth in the State Implementation P lan (SIP). 1

SECTION II

- CONDITIONS FOR APPROVAL (Applicable to all “Bubbles”)

The conditions for approval of a proposed alternati ve emission limitation option for any of the pollutants, total suspended particulate, sulfur dio xide, or volatile organic compounds (VOC) are as

follows:

A. the proposal must be initiat ed by the plant; and

B. each proposal must assure that attainment and ma intenance of NAAQS will not be jeopardized

and

C. all aspects of the proposal must be legally enfo rceable; and

D. points involved must have emissions which are qu antifiable and t rades among them must be equal or show a net decrease; and;

E. trades must be of the same pollutant category; a nd

F. the proposal must demonstrate equivalence or imp rovement of air quality impact from the proposed trades; and

G. pollutants designated

as hazardous may only be used to “bubble” if the p roposal would result in a decrease of the hazardous pollutant; and

H. emission reductions below the allowable emission rates are not used simultaneously as an

emission offset and in an alternative set of emission limitations.

SECTION III

- PUBLIC PARTICIPATION PROCEDURES

All “bubble” proposals shall be subject to public p articipation as follows:

1 If there is no meaningful emission limita tion set forth in the (SIP), a source may request t hat its

actual emission rate be stated as an enforceable em ission limitation on the appropriate permits.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 30

General Amendments to R. 61-62 July 18, 2011 A. The Department shall make a preliminary determin ation whether the application for an alternative

emissi on limitations option should be approved, approved with conditions, or disapproved. A copy of all materials pertaining to the application and the pre liminary determination shall be made available in a t least one location in the area of the application f or the proposed alternative set of limitations.

B. In the geographic area of the proposed action th e public shall be notified of the application, the preliminary determination, the draft permits, and t he opportunity for written public comment for 30 da ys fo llowing public notification. A public hearing shall be held to receive written or oral comments on the proposed action if a hearing is requested in writin g within 15 days following public notification. The applicant will be given the opportunity to respond to any comments submitted by the public.

C. The Department shall make a final determination whether the application should be approved, approved with conditions, or disapproved; and notif y the applicant. The final determination, permits, and public comm ents shall be made available for public inspection at the same location where the Department made available the preliminary determination.

D. A copy of the application, preliminary determina tion, notice of public hearing, final determination, permits, an d pertinent materials shall be transmitted to the E PA.

SECTION IV

- ADDITIONAL CONDITIONS AND PROCEDURAL REQUIREMENTS FOR

APPROVAL

Part A

- Emissions of Particulate Matter or Sulfur Dioxide

1. No air quality modeling or SIP revision will be required fo r use of an alternative emission limitation option if all of the following condition s are met:

a. There is no net increase in actual emissions; an d

b. The relevant emission points are in the same imm ediate vicinity (approximately 100 meters);

and

c. The relevant emission points are of similar effe ctive stack height (approximately plus or minus 10%).

2. Or a SIP revision and limited air quality modeli ng involving only the specific emission sources in the “bubble” will be required for sources not q ualifying under paragraph 1 above provided there is no net increase in actual emissions. The modeling must sho w that the proposed “bubble” will not cause a significantly greater air quality impact than the i mpact of the original emission sources if require d to meet the limitations of the Regulations individually.

A “significantly greater impact” is one that equals or exceeds:

1.0 μg/m 3 on annual basis for TSP and SO 2

.

5.0 μg/m 3 on 24 hour basis for TSP and SO 2

.

25.0 μg/m 3 on 3 hour basis for SO 2

.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 31

General Amendments to R. 61-62 July 18, 2011 3. Or a SIP revision and full dispersion modeling, considering all sources in the area of impact, will be required for any alternative emission limitation option not fulfilling the requirements for conside ration under either paragraph 1. or 2. above.

a. Modeling must show that use of the bubble policy will neither create a new ambient violation nor interfere with reasonable further progress towa rd attaining National Ambient Air Quality Standards as planned in the SIP; and

b. Modeling must show that use of the bubble will not create an increment vio lation under the Prevention of Significant Deterioration regulations (Standard No. 7).

Part B.

- Emissions of Volatile Organic Compounds

1. An owner or operator may apply to the Department to be bound b y an alternative set of volatile organic compounds (VOC) emission limitations for th e emission points at the plant(s) provided the

alternative set of limitations does not result in a n increase in total VOC emissions. That is, the sum of

those alternative l imitations must be equal to or less than the sum of the limitations for those points previously imposed by the State Implementation Plan (SIP).

Where no specific emission limitations are imposed by the SIP, i.e., no VOC regulations have been adopted whic h cover those VOC emissions, the actual emission ra te of VOC from such points shall be the baseline for the original limitations used for comp arison with the proposed alternative set of limitat ions.

“Actual emissions” means the actual rate of emissio ns o f a pollutant from an emissions unit as determined in accordance with the following:

a. In general, actual emissions as of a particular date shall equal the average rate, in tons per year

, at which the unit actually emitted the pollutant du ring a two

- ye ar period which precedes the particular date and which is representative of normal plant op eration. The reviewing authority shall allow the us e of a different time period upon a determination that i t is more representative of normal plant operation.

Actual emissions shall be calculated using the unit’s act ual operating hours, production rates, and types of materials processed, stored or combusted during the selected time period.

b. The reviewing authority may presume that plant s pecific allowable emissio ns for the unit are equivalent to the actual emissions of the unit.

c. For any emissions unit which has not begun norma l operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date.

Should future regu lations require a greater reduction from such point s, the newer emission limitation must be met by the compliance date specified in the future regulations.

2. An application for approval of an alternative se t of VOC emissions limitations shall include th e:

a. identification and vapor pressure at standard co nditions of each VOC; and

b. concentration by volume and the emission rate of each VOC; and

c. volumetric discharge flow rate and temperature o f each VOC gas stream; and

d. other information requested by the Department in order to review the application.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 32

General Amendments to R. 61-62 July 18, 2011 3. The Department may approve an alternative set of VOC emission limitations provided:

a. the VOC emission points involved in the proposed alternative set of emission limitations are

wit hin 50 kilometers of each other; and

b. the sum of the alternative set of VOC emission l imitations does not exceed the sum of the

maximum allowable emission rates contained in the S IP, where the maximum allowable emission rate for existing emission poin ts not otherwise specified in the SIP shall be the actual VOC emissions; and

c. calculations of the hourly combined emission rat e are based on the uninterrupted operation at normal production rates of all included operations. If the same equipment is us ed for manufacturing more than one product, the operation having the highest emission rate must be included; and

d. the alternative set of emission limitations does not supersede requirements of South Carolina Air Pollution Control Regulations for new o r modified sources.

e. actual emissions of VOC from existing sources wi thin designated nonattainment areas shall not be allowed to increase beyond the amount of growth allowance (over

- all reductions provided for in the State Implementation Plan) remaini ng in the nonattainment area, as a result of bubbli ng.

Part C.

- De Minimis Cases

Where bubbles involve small plants whose total pote ntial to emit is less than 100 tons per year, and

where total emissions do not increase as a result o f using the bubble policy, such bubbles may proceed

without a SIP revision.

All other conditions for approval of a proposed alt ernative emission limitation plan must be met.

SECTION V

- ENFORCEABILITY

Each emission point involved in the alternative set of emission limi tations shall be assigned a specific measurable emission limitation as a condit ion of construction and operating permits.

Conditions on the permits must include:

1. requirements that suitable test procedures as sp ecified by the Department shall be used to demonstrate compliance with the alternative set of emission limitations; and

2. methods and/or recordkeeping as specified by the Department to show continued compliance with

the alternative set of emission limitations.

R. 61-62.5 Standard 7, Prevention of Significant De terioration:

Regulation 61-62.5 Standard 7, Section (q)(2) has b een revised as follows:

(2) In accordance with Regulation 61-30, Environmental Protection Fees , the Department shall make a final determination on the application. This invo lves performing the following actions in a timely

manner:Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 33

General Amendments to R. 61-62 July 18, 2011 (i) Make a preliminary determination whether cons truction should be approved, approved with conditions, or disapproved.

(ii) Make available in at least one location in e ach region in which the proposed plant source or modification would be constructed a copy of all mat erials the applicant submitted, a copy of the preliminary determination and a copy or summary of other materials, if any, considered in making the preliminary determination.

(iii) Notify the public, by advertisement in a ne wspaper of general circulation in each region in which the proposed plant source or modification would be constructed, of the appli cation, the preliminary determination, the degree of increment consumption that is expected from the plant source or modification, and the opportunity for comment at a public hearing as well as written public comment.

(iv) Send a copy of the notice of public comment to the applicant, the Administrator of EPA, and to officials and agencies having cognizance over th e location where the proposed construction would occur as follows: The chief executives of the city and county where the plant source or modification would be located, any comprehensive regional land u se planning agency and any State, Federal Land Manager, or Indian Governing Body whose lands may b e affected by emissions from the plant source or modification.

(v) Provide opportunity for a public hearing for interested persons to appear and submit written or oral comments on the air quality impact of the plan t source or modification, alternatives to the plant

source or modification, the control technology required, and other appropriate considerations.

(vi) Consider all written comments submitted with in a time specified in the notice of public comment and all comments received at any public hea ring(s) in making a final decision on the approvability of the application. No later than 10 days after the close of the public comment period, the applicant may submit a written response to any comm ents submitted by the public. The Department shall consider the applicant’s response in making a final decision. The Department shall make all comments available for public inspection in the same locatio ns where the Department made available preconstruction information relating to the propose d plant source or modification.

(vii) Make a final determination whether construc tion should be approved, approved with conditions, or disapproved pursuant to this section

.

(viii) Notify the applicant in writing of the fin al determination and make such notification available for public inspection at the same locatio n where the Department made available preconstructi on information and public comments relating to the pla nt source or modification.

(ix) Notify EPA of every action related to the co nsideration of the permit.

Regulation 61-62.5 Standard 7, Section (q)(3) has b een revised as follows:

(3) The requirements of Section (q), Public Partic ipation , of this standard shall not apply to any major plant or major modification which Section (i) , Review of Major Stationary Sources and Major

Modifications Exemptions , would exempt from the requirements of Sections (k ), (m), and (o), but only to the extent that, with respect to each of the criter ia for construction approval under the South Caroli na State Implementation Plan and for exemption under S ection (i), requirements providing the public with at least as much participation in each material determ ination as those of Section (q) have been met in th e granting of such construction approval.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 34

General Amendments to R. 61-62 July 18, 2011 Regulation 61-62.5 Standard 7, Section (r)(4) has b een revised as follows:

(4) At such time that a particular source or modif ication becomes a major stationary source or major modification solely by virtue of a relaxation in an y enforceable limitation which was established afte r August 7, 1980, on the capacity of the source or mo dification otherwise to emit a pollutant, such as a restriction on hours of operation, then the require ments or paragraphs (j) through (s) (r) shall apply to the source or modification as though construction had n ot yet commenced on the source or modification.

Regulation 61-62.5 Standard 7 Section (w)(1) has be en revised as follows:

(1) Any permit issued under this section or a prio r version of this regulation shall remain in effect

, unless and until it expires under paragraph (s) or is rescinded.

R. 61-62.5 Standard 7.1, Nonattainment New Source R eview (NSR):

Regulation 61-62.5, Standard 7.1 Section (c)(7)(A)( i) has been revised as follows; Section (C)(7)(A)(ii) remains the same:

(7)(A) “Major stationary source” means:

(i) Any stationary source of air pollutants whic h emits, or has the potential to emit 100 tons per year or more of any regulated NSR pollutan t, or except that lower emissions thresholds shall apply in areas subject to subpart 2, subpart 3, or subpart 4 of part D, title I of the Act, according to paragraphs (c)(7)(A)(i)(a) through (e) of this sect ion.

(a) 50 tons per year of volatile organic compou nds or oxides of nitrogen in any

serious ozone nonattainment area.

(b) 50 tons per year of volatile organic compou nds or oxides of nitrogen in an area within an ozone transport region, except for a ny severe or extreme ozone nonattainment area.

(c) 25 tons per year of volatile organic compou nds or oxides of nitrogen in any

severe ozone nonattainment area.

(d) 10 tons per year of volatile organic compou nds or oxides of nitrogen in any

extreme ozone nonattainment area. orRevisions to the South Carolina Air Implementation Plan Text of Regulations – Page 35

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

# Clean Copy, R. 61-62.1Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 36

General Amendments to R. 61-62 July 18, 2011 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 R egulations and Standards shall, for the purpose of these regulations, have the meanings res pectively ascribed to them in this section, unless a different meaning is clearly indicated. This sectio n augments Section 1 of the South Carolina Pollutio n Control Act.

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

2. Add - Additions to a process which will increas e 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 destroyin g unburned or partially burned combustion gases after they have passed from the combustion ch amber.

5. Air Curtain Incinerator - An incinerator that o perates by forcefully projecting a curtain of air across an open chamber or pit in which burning occurs. Incinerators of this type can be constructe d above or below ground and require a refractory line d 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 f or the quality of ambient air at or beyond a property line on which a source of pollution is e mitting.

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

9. Biologicals - preparations made from living org anisms and their products, including vaccines, cultures, etc., intended for use in diagn osing, immunizing, or treating humans or animals or in research pertaining thereto.

10. Blood Products - any product derived from huma n blood, including but not limited to blood plasma, platelet, red or white blood corpuscl es, and other derived licensed products, such as interferon, etc.

11. Board - Board means Board of Health and Enviro nmental Control.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 37

General Amendments to R. 61-62 July 18, 2011 12. Body Fluids - liquid emanating or derived from humans and limited to blood; dialysate; amniotic, cerebrospinal, synovial, pleural, periton eal and pericardial fluids; and semen and vaginal

secretions.

13. Boiler - An enclosed device using controlled f lame combustion and having specific characteristics including the following:

a. The combustion chamber and primary energy reco very section shall be of integral design (e.g. waste heat recovery boilers a ttached to incinerators are not boilers). To be of integral design, the combustion chamber and the primary ener gy recovery sections (such as water walls and super heaters) shall be physically formed into one manufa ctured 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; howev er, 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. Th e following units are not precluded from boilers solely because they are not of integral design: pro cess heaters (units that transfer energy directly t o a process stream), and fluidized bed combustion units

.

b. At least 75% of recovered energy shall be “exp orted”, 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 c ombustion gases to avoid severe damage to the air pollution control device or other equipment

.

15. CAA - The Clean Air Act, as amended, 42 U.S.C. 7401, et seq . Also referred to as “the

Act.”

16. Chemotherapeutic Waste - All waste resulting f rom the production or, use of antineoplastic agents used for the purpose of stopp ing 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 Manageme nt Regulation 61-79.261.

17. Clean Wood - Untreated wood or untreated wood products including clean untreated lumber, tree stumps (whole or chipped), and tree li mbs (whole or chipped). Clean wood does not include yard waste, which is defined elsewhere in this Sect ion, or construction, renovation, and demolition wa ste (including but not limited to railroad ties and tel ephone poles).

18. Commercial Incinerator - An incinerator that b urns 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 the se limits are considered municipal waste combustors

. This definition does not include retail and industr ial incinerators nor does it include waste from

maintenance activities at commercial establishments

.

19. Commissioner - Commissioner means the Commissi oner of the Department of Health

and Environmental Control.

20. Conditional major source - A stationary source that obtains a federally enforceable physical or operational limitation from the Departm ent to limit or cap the stationary source’s potenti al to emit to avoid being defined as a major source as de fined by applicable Federal and State regulations.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 38

General Amendments to R. 61-62 July 18, 2011 21. Continuous emission monitoring system or CEMS - a monitoring system for continuously measuring and recording the emissions of a pollutant from an affected facility.

22. “Continuous program of physical on-site constr uction” - Means significant and continuous site preparation work such as major clea ring or excavation followed by placement of footing s, pilings, and other materials of construction, assem bly, or installation of unique facilities or equipm ent 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.

23. Crematory Incinerator - Any incinerator design ed and used solely for the burning of

human remains or animal remains.

24. Department - Department means the South Caroli na Department of Health and

Environmental Control.

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

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

27. Emission Limitation (and emission standard) - A requirement established by the State or by the Administrator of the Environmental Protectio n Agency which limits the quantity, rate, or concentration of emissions of air pollutants on a c ontinuous basis, including any requirements which l imit the level of opacity, prescribe equipment, set fuel specifications, or prescribe operation or maintena nce procedures for a source to assure continuous emissi on reduction.

28. Federally enforceable - All limitations and co nditions 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, 61, 63, and 70, requirements within the South Carolina State Implementation Plan (SIP), and any p ermit requirements established pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51, Subpart I, including operating permits issu ed under an EPA-approved program that is incorporated into the SIP and expressly requires adherence to an y permit issued under such program.

29. Fuel Burning Operation - Use of furnace, boile r, device or mechanism used principally but not exclusively, to burn any fuel for the purpo se of indirect heating in which the material being heated is not contacted by and adds no substance to the pr oducts of combustion.

30. Fugitive Dust - A type of particulate emission that becomes airborne by forces of wind, man’s activity or both, including but not limited t o, construction sites, tilled land, materials stora ge piles, and materials handling.

31. Fugitive Emissions - Emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent ope ning.

32. Garbage - Animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 39

General Amendments to R. 61-62 July 18, 2011 33. 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.

34. Hazardous Waste - Any waste identified as such by South Carolina Hazardous Waste Management Regulation 61-79.

35. Hazardous Waste Fuel - Hazardous waste that ha s 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 S outh Carolina Hazardous Waste Management Regulation 61-79.

36. Hazardous Waste Incinerator - An incinerator w hose primary function is to combust hazardous waste, except for devices which have qual ified for exemption as provided in Sections 264.340(b) or 265.340(b) of South Carolina Hazardou s Waste Management Regulation 61-79.

37. Hospital - any facility which has an organized medical staff, maintains at least six inpatient beds, and where the primary function of t he institution is to provide diagnostic and therape utic patient services and continuous nursing care primar ily 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 maint ained for the sole purpose of providing nursing or conval escent care to human patients who generally are not acutely ill but who require continuing medical supe rvision.

38. Hospital/medical/infectious waste incinerator or HMIWI or HMIWI unit - any device that combusts any amount of hospital waste and/or medica l/infectious waste.

39. Hospital waste - discards generated at a hospi tal, 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.

40. Incinerator - Any engineered device used in th e process of controlled combustion of waste for the purpose of reducing the volume, remov ing the contamination and/or reducing or removing the hazardous potential of the waste charged by des troying combustible matter leaving the noncombustible ashes, material and/or residue and w hich does not meet the criteria nor classification as a boiler nor is listed as an industrial furnace.

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

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

energy:

a. Cement kilns

b. Lime kilns

c. Aggregate kilns

d. Phosphate kilnsRevisions to the South Carolina Air Implementation Plan Text of Regulations – Page 40

General Amendments to R. 61-62 July 18, 2011 e. Coke ovens

f. Blast furnaces

g. Smelting, melting and refining furnaces (inclu ding pyrometallurgical devices such as tray furnaces, cupolas, reverberator furnac es, sintering machines, roasters, and foundry furna ces)

h. Titanium dioxide chloride process oxidation re actors

i. Methane reforming furnaces

j. Pulping liquor recovery furnaces

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

l. Such other devices as the Department may deter mine 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 sec ondary materials as effective substitutes for raw materials, in processes using r aw materials as principal feedstocks;

iv. The use of the device to burn or reduce seco ndary materials as ingredients in an industrial process to make a mate rial product;

v. The use of the device in common industrial pr actice to produce a material product; and,

vi. Other factors, as appropriate.

43. Industrial Incinerator - Any incinerator utili zed in an industrial plant that does not meet the definition for any other type incinerator or an incinerator used to combust Type 5 or 6 waste at a ny site.

44. In Existence - Means that the owner or operat or has obtained all necessary construction permits required by this Bureau and either has (a) begun, or caused to begin, a continuous program of physical on-site construction of the source or (b) entered into binding agreements or contractual obligations, which cannot be canceled or modified w ithout substantial loss to the owner or operator, t o undertake a program of construction of the source t o be completed in a reasonable time, or that the ow ner or operator possesses a valid operating permit for the source prior to the effective date of a regulat ion or

standard.

45. Kraft pulp mill - Any stationary source which produces pulp from wood by cooking (digesting) wood chips in a water solution of sodiu m hydroxide and sodium sulfide (white liquor) at a high temperature and pressure. Regeneration of the cooking chemicals through a recovery process is als o considered part of the kraft pulp mill.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 41

General Amendments to R. 61-62 July 18, 2011 46. Major Source - Except as otherwise provided, t his term refers to any plant which directly emits, or has the potential to emit greater than or equal to the major source threshold as defined by applicable Federal and State regulations.

47. 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 maintena nce or careless operation are not malfunctions. Dur ing periods of malfunction the operator shall operate w ithin established parameters as much as possible, a nd monitoring of all applicable operating parameters s hall continue until all waste has been combusted or until the malfunction ceases, whichever comes first

.

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

49. Medical/infectious waste - any waste generated in the diagnosis, treatment, or immunization of human beings or animals, in researc h pertaining thereto, or in the production or testi ng 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 n ot 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/in fectious waste, once the incineration process has b een completed; human corpses, remains, and anatomical p arts 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 a ssociated biologicals, including: cultures from medical and pathological laboratories ; cultures and stocks of infectious agents from research and industrial laboratories; wastes from t he 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, an d body parts and body fluids that are removed during surgery or autopsy, or other med ical 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 wi th human blood that are now caked with dried human blood; including serum, plas ma, and other blood components, and their

containers which were used or intended for use in e ither patient care, testing and laboratory analysis or the development of pharmaceuticals. Intravenous bags ar e also included in this category.

d. Sharps - instruments used in animal or human p atient care or treatment or in medical, research, or industrial laboratories, incl uding hypodermic needles, syringes (with or without the attached needle), pasteur pipettes, scalpel blades, blood vials, needles with attached tubing, and cul ture dishes (regardless of presence of infectious agents ). Also included are other types of broken or unbro ken glassware that were in contact with infectious agen ts, such as used slides and cover slips.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 42

General Amendments to R. 61-62 July 18, 2011 e. Animal waste including contaminated animal car casses, body parts, and bedding of animals that were known to have been exposed to infectious agents during research (including resear ch in veterinary hospitals), production of biologicals or testing of pharmaceuticals.

f. Isolation wastes - biological waste and discar ded materials contaminated with blood, excretions, exudates, or secretions from hum ans who are isolated to protect others from highly communicable diseases, or isolated animals known to be infected with highly communicable diseases.

g. Unused sharps including the following unused, discarded sharps: hypodermic needles, suture needles, syringes, and scalpel blad es.

50. Multiple-Chamber Incinerator - An incinerator consisting of at least two refractory lined combustion chambers (primary and secondary) in seri es, physically separated by refractory walls, interconnected by gas passage ports or ducts.

51. Municipal Solid Waste, MSW or Municipal-type S olid Waste - Household, commercial/retail, and/or institutional waste. Hous ehold waste includes material discarded by single a nd multiple residential dwellings, hotels, motels, and other similar permanent or temporary housing

establishments or facilities. Commercial/retail was te includes material discarded by stores, offices, restaurants, warehouses, nonmanufacturing activitie s at industrial facilities, and other similar

establishments or facilities. Institutional waste i ncludes material discarded by schools, nonmedical w aste discarded by hospitals, material discarded by nonma nufacturing 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 wa ste (MSW) does not include used oil; sewage sludge; wood pallets; construction, renovation, and demolition wastes (which includes but is not limit ed to railroad ties and telephone poles); clean wood; industrial process or manufacturing wastes (includi ng type 5 or 6 waste); medical waste; radioactive cont aminated waste; hazardous waste; or motor vehicles (including motor vehicle parts or vehicle fluff).

52. Municipal Waste Combustor, MWC, or Municipal W aste Combustor Unit - Any setting or equipment that combusts solid, liquid, or gasifi ed municipal solid waste including, but not limited to, field-erected incinerators (with or without heat re covery), modular incinerators (starved-air or exces s-air), boilers (i.e., steam generating units) and furnaces (whether suspension-fired, grate-fired, mass-fired , or fluidized bed-fired, etc.), air curtain incinerator s, and pyrolysis/combustion units. Municipal waste combustors do not include pyrolysis/combustion unit s located at a plastics/rubber recycling unit s

. Municipal waste combustors do not include internal combustion engines, gas turbines, or other combustion devices that combust landfill gases coll ected by landfill gas collection systems.

For the purpose of determining reconstruction or m odification, as defined in 40 CFR 60, Subpart A or Regulation 62.5, Standard 3, to a municipal wa ste combustor the following applies:

a. The boundaries of a municipal solid waste comb ustor are defined as follows. The municipal waste combustor unit includes, but is not limited to, the municipal solid waste fuel feed sy stem,Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 43

General Amendments to R. 61-62 July 18, 2011 grate system, flue gas system, bottom ash system, a nd the combustor water system. The municipal waste combustor boundary starts at the municipal solid wa ste pit or hopper and extends through:

i. The combustor flue gas system, which ends imm ediately following the heat recovery equipment or, if there is no heat rec overy 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 tran sfer the ash to final disposal, including all ash h andling systems that are connected to the bottom ash handli ng system; and

iii. The combustor water system, which starts at the feed water pump and ends at the piping exiting the steam drum or superh eater.

b. The municipal waste combustor unit does not in clude air pollution control equipment, the stack, water treatment equipment, or the turbine-generator set.

53. Non-Industrial Boiler - Any boiler not classif ied as an industrial boiler.

54. Non-Industrial Furnace - Any furnace not class ified as an industrial furnace.

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

56. Opacity - The degree to which emissions reduce the transmission of light and obscure the view of an object in the background.

57. Open Burning - Any fire or smoke-producing pro cess 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.

58. Part 70 permit - Any permit or group of permit s 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.”

59. Particulate Matter - Any material, except unco mbined water, that exists in a finely divided form as a liquid or solid at standard condi tions.

60. Particulate Matter Emissions - All finely divi ded solid or liquid material, other than uncombined water, emitted to the ambient air as mea sured by an applicable reference method described i n 40 CFR 60, July 1, 1987, or an equivalent or altern ative method approved by the Department, with the

concurrence of the U. S. Environmental Protection A gency.

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

62. Plant - Except as otherwise provided, any stat ionary source or combination of stationary sources, which is located on one or more contiguous or adjacent properties and owned or operated by th e same person(s) under common control.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 44

General Amendments to R. 61-62 July 18, 2011 63. Plastics/Rubber Recycling Unit - An integrated processing unit where plastics, rubber, and/or rubber tires are the only feed materials (in cidental contaminants may be included in the feed materials) and they are processed into a chemical p lant feedstock or petroleum refinery feedstock, whe re the feedstock is marketed to and used by a chemical plant or petroleum refinery as input feedstock. Th e combined weight of the chemical plant feedstock and petroleum refinery feedstock produced by the plastics/rubber recycling unit on a calendar quarte r basis shall be more than 70 percent of the combin ed weight of the plastics, rubber, and rubber tires pr ocessed by the plastics/rubber recycling unit on a calendar quarter basis. The plastics, rubber, and/o r rubber tire feed materials to the plastics/rubber recycling unit may originate from the separation or diversion of plastics, rubber, or rubber tires fro m MSW or industrial solid waste, and may include manu facturing scraps, trimmings, and off-specification plastics, rubber, and rubber tire discards. The pla stics, rubber, and rubber tire feed materials to th e plastics/rubber recycling unit may contain incident al contaminants (e.g., paper labels on plastic bott les, metal rings on plastic bottle caps, etc.).

64. PM 2.5 – Particulate matter with an aerodynamic diameter less than or equal to a nominal

2.5 micrometers emitted to the ambient air as measu red by a reference method based on Appendix L of 40 CFR 50 and designated in accordance with 40 CFR 53 or by an equivalent method designated in

accordance with 40 CFR 53.

65. PM 2.5 Emissions - Finely divided solid or liquid materia l with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers emi tted to the ambient air as measured by a reference method approved by the Department, with concurrence of the U. S. Environmental Protection Agency.

66. PM 10 - Particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by a reference method ba sed on Appendix J of 40 CFR 50 and designated in accordance with 40 CFR 53 or by an equivalent metho d designated in accordance with 40 CFR 53.

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

68. Potential to Emit - The maximum capacity of a plant to emit a regulated pollutant under its physical and operational design. Any physical o r operational limitation on the capacity of the pla nt to emit a regulated pollutant, including air pollution control equipment and restrictions on hours of ope ration or on the type or amount of material combusted, sto red, 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.

69. Process Industry - Any source engaged in the m anufacture, processing, handling, treatment, forming, storing or any other action upo n materials except fuel-burning operations.

70. Process Weight - The total weight of all mater ials introduced into a source operation, including air and water where these materials becom e an integral part of the product, and solids used as fuels but excluding liquids and gases used solely a s fuels.

71. Process Weight Rate - A rate established as fo llows:

a. For continuous or long-run steady-state source operations, the total process weight for the entire period of continuous operatio n or for a typical portion thereof, divided by the number of hours of such period or portion thereof.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 45

General Amendments to R. 61-62 July 18, 2011 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 th e design of any equipment is such as to permit more than one interpretation of this definition, th e interpretation that results in the minimum value for allowable emission shall apply.

72. Pyrolysis/Combustion Unit - A unit that produc es gases, liquids, or solids through the heating of waste, and the gases, liquids, or solids produced are combusted and emissions vented to the atmosphere.

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

74. Refuse-derived Fuel - A type of municipal soli d waste produced by processing municipal solid waste through shredding and size classificati on. This includes all classes of refuse-derived fue l including low-density fluff refuse-derived fuel thr ough densified refuse-derived fuel and pelletized

refuse-derived fuel.

75. Retail Business Type Incinerator - An incinera tor that combusts waste typical of a retail business rather than domestic, commercial, or indus trial activities.

76. Rubbish - Solid wastes from residences and dwe llings, commercial establishments, and

institutions.

77. Salvage Operations - Any operation of a busine ss, trade, or industry engaged in whole or in part in salvaging or reclaiming any product or m aterial including, but not limited to, metals, chem icals, shipping containers, drums or automobiles.

78. Secondary Emissions - Emissions which would oc cur as a result of the construction or operation of a major source or major modification, but do not come from the major source or major modification itself. Secondary emissions shall be s pecific, well defined, quantifiable, and shall impa ct the same general area as the source or modification whi ch causes the secondary emissions. Secondary emissions may include, but are not limited to:

a. emissions from ships or trains moving to or fr om the new or modified source.

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

constructed or increase its emissions as a result o f the construction or operation of the major source or major modification.

79. Sludge Incinerator - An incinerator that combu sts wastes containing more than 10% (dry weight basis) sludge produced by municipal or indus trial waste water treatment plants or each incinera tor that charges more than 2205 lb/day (dry weight basi s) of sludge produced by municipal or industrial wastewater treatment plants.

80. Smoke - Small gasborne and airborne particles arising from a process of combustion in sufficient number to be observable by a person of n ormal vision under normal conditions.

81. Solid Fuel - A fuel which is fired as a solid such as coal, lignite and wood.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 46

General Amendments to R. 61-62 July 18, 2011 82. Spec. Oil - See definition of used oil.

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

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

85. Standard Conditions - 760 millimeters of mercu ry at 25 o Centigrade.

86. Stationary Source - Any building, structure, i nstallation 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.”

87. Substantial loss - Generally means a loss whic h would equal or exceed 10 percent of the total initial project cost.

88. Synthetic minor source - A stationary source t hat obtains a federally enforceable physical or operational limitation from the Department to li mit or cap the stationary source’s potential to emi t to avoid being defined as a major source or major modi fication, as defined by applicable Federal and Stat e regulations.

89. Total reduced sulfur (TRS) - The sum of the su lfur compounds hydrogen sulfide, methyl mercaptan, dimethyl sulfide, and dimethyl disulfide , that are released during the kraft pulping operat ion.

90. Total Suspended Particulate (TSP) - Particulat e matter as measured by the method described in Appendix B, 40 CFR 50, July 1, 1987.

91. Trade Waste - All solid, liquid or gaseous mat erial or rubbish resulting from construction, building operations, or the prosecution of any busi ness, trade or industry including, but not limited to, plastic products, cartons, paint, grease, oil and o ther petroleum products, chemicals and cinders.

92. 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 bee n painted, pigment-stained, or “pressure-treated.” Pr essure-treating compounds include, but are not limi ted to, chromate copper arsenate, pentachlorophenol, an d creosote.

93. 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 suita ble for further use and may be economically recycla ble.

This also includes absorbent material contaminated with used oil such as oily rags or absorbent blanke ts. 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 maximumRevisions to the South Carolina Air Implementation Plan Text of Regulations – Page 47

General Amendments to R. 61-62 July 18, 2011 iv. Lead - 100 ppm maximum

v. Nickel - 120 ppm maximum

vi. Total halogens - 4000 ppm maximum**

vii. Flash Point - 100 o F (37.8 o C) minimum

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

waste.

** Used oil containing more than 1000 ppm total halogens is presumed to be a hazardous waste. The burden of proof that this is n ot true rests with the user.

_______________

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

above.

94. Utility Boiler - A boiler that produces steam, heated air, or other heated fluids for sale or for use in producing electric power for sale.

95. Virgin Fuel - Unused solid, liquid, or gaseous commercial fuel. Also, clean wood or bark that has not been processed other than for size red uction excluding clean wood or bark burned in an ai r curtain incinerator.

96. Volatile Organic Compound (VOC) - Any organic compound which participates in atmospheric photochemical reactions; or which is me asured by a reference method (as specified in 40 CFR 60, as of July 1, 1990), an equivalent method, an alternative method, or which is determined by procedures specified under any subpart of 40 CFR 60 . This includes compounds other than the following compounds:

acetone; (CF 3 ) 2 CFCF 2 OC 2 H 5 (2-(ethoxydifluoromethyl)-(1,1,1,2,3,3,3-heptaflu oropropane); ((CF 3 ) 2 CFCF 2 OCH 3 ,) (2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafl uoropropane); CFC-11 (trichlorofluoromethane); CFC-12 (dichlorodifluoromethane); CFC-113 (1,1,2-trichloro-1,2,2-trifluoroethane); CFC-114 (1,2-dichloro-1,1,2,2-tetrafluoroethane); CFC-115 (chloropentafluoroethane); dimethyl carbonate; ethane; HCFC-22 (chlorodifluoromethane); HCFC-31 (chlorofluoromethane); HCFC-123 (1,1,1-trifluoro-2,2-dichloroethane); HCFC-123a (1,2-dichloro-1,1,2-trifluoroethane); HCFC-124 (2-chloro-1,1,1,2-tetra-fluoroethane); HCFC-134a (1,1,1,2-tetrafluoroethane); HCFC-141b (1,1-dichloro-1-fluoroethane); HCFC-142b (1-chloro-1,1-difluoroethane); HCFC-151a (1-chloro-1-fluoroethane); HCFC 225ca (3,3-dichloro-1,1,1,2,2-pentafluoropropa ne);Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 48

General Amendments to R. 61-62 July 18, 2011 HCFC 225cb (1,3-dichloro-1,1,2,2,3-pentafluoropropa ne); 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-propa ne) or (n-C 3 F 7 OCH 3 ); HFE-7100 (1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxybut ane) or (C 4 F 9 OCH 3 ); HFE-7200 (1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobuta ne) or (C 4 F 9 OC 2 H 5 ); HFE-7300 (1) 1,1,1,2,2,3,4,5,5,5-decafluoro-3-metho xy-4-trifluoromethyl-pentane; HFE-7500 (3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafl uoro-2-(trifluoromethyl) hexane; methane; methyl acetate; methyl chloroform (1,1,1-trichloroethane); methylene chloride (dichloromethane); methyl formate (HCOOCH 3 ); parachlorobenzotrifluoride (PCBTF); perchloroethylene (tetrachloroethylene); perfluorocarbon compounds that fall into these clas ses: (i) cyclic, branched, or linear, completely fluori nated alkanes; (ii) cyclic, branched, or linear, completely fluori nated ethers with no unsaturations; (iii) cyclic, branched, or linear, completely fluor inated tertiary amines with no unsaturations; (iv) sulfur containing perfluorocarbons with no uns aturations and with sulfur bonds only to carbon and fluorine; propylene carbonate; and volatile methyl siloxanes (cyclic, branched, or li near completely methylated siloxanes) (VMS).

These compounds have been determined to have neglig ible photochemical reactivity. For purposes of determining compliance with emission limits, VOC wi ll be measured by the approved test methods. Where such a method also inadvertently measures com pounds with negligible photochemical reactivity, an owner or operator may exclude these negligibly r eactive compounds when determining compliance

with an emissions standard.

The following compound(s) are VOC for purposes of a ll recordkeeping, emissions reporting, photochemical dispersion modeling and inventory requirem ents which apply to VOC and shall be uniquely identified in emission reports, but are not VOC for purposes of VOC emissions limitations or VOC content requirements: t-butyl acetate (TBAC or TBAc ).

97. Waste - Any discarded material including but n ot limited to used oil, hazardous waste fuel, hazardous waste, medical waste, municipal sol id waste, sludge, waste fuel, and waste classificat ionRevisions to the South Carolina Air Implementation Plan Text of Regulations – Page 49

General Amendments to R. 61-62 July 18, 2011 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 impurit ies or loss of original properties.

a. Type 0 - Trash, a mixture of highly combustibl e waste such as paper, cardboard, wood boxes, and combustible floor sweepings, from c ommercial and industrial activities. The mixture contains up to 10% by weight of plastic bags, coate d paper, laminated paper, treated corrugated cardboard, oily rags and plastic or rubber scraps.

Typical composition: 10% moisture, 5% incombustib le solids and has a heating value of approximately 8500 BTU per pound as fired.

b. Type 1 - Rubbish, a mixture of combustible was te 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 weigh t of restaurant or cafeteria waste, but contains li ttle or no treated papers, plastic or rubber wastes.

Typical composition: 25% moisture, 10% incombusti ble solids and has a heating value of approximately 6500 BTU per pound as fired.

c. Type 2 - Refuse, consisting of an approximatel y 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% incom bustible solids, and has a heating value of approximately 4300 BTU per pound as fired.

d. Type 3 - Garbage, consisting of animal and veg etable wastes from restaurants, cafeterias, hotels, hospitals, markets, and like in stallations.

Typical composition: up to 70% moisture, up to 5% incombustible solids and has a heating value of approximately 2500 BTU per pound a s fired.

e. Type 4 - Human and animal remains, consisting of carcasses, organs and solid organic wastes from hospitals, laboratories, abatto irs, animal pounds, and similar sources.

Typical composition: up to 85% moisture, 5% incom bustible 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 oper ations. BTU values shall be determined by the individual materials to be destroyed.

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

98. Waste Fuel - Waste that does not meet hazardou s waste criteria but has a heat value greater than 5000 BTU/lb.

99. Yard waste - Grass, grass clippings, bushes, s hrubs, and clippings from bushes and shrubs that are generated by residential, commercia l/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 wa stes, which are exempt from the definition ofRevisions to the South Carolina Air Implementation Plan Text of Regulations – Page 50

General Amendments to R. 61-62 July 18, 2011 municipal solid waste in this Section. Yard waste d oes not include clean wood, which is also exempt fr om the definition of municipal solid waste in this Sec tion.

SECTION II

- PERMIT REQUIREMENTS.

The following regulation will not supersede any Sta te or Federal requirements nor special permit conditions, unless this regulation would impose a m ore restrictive emission limit. The owner or opera tor shall comply with all terms, conditions, and limita tions of any Department-issued permit for sources o r activities at its facility. A source’s permit stat us may change upon promulgation of new regulatory requirements.

A. Construction Permits

1. Applicability

a. Except as allowed under paragraphs (c) and (d) below, any person who plans to construct, alter or add to a source of air contamin ants, 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.

b. The Department may grant permission to proceed w ith minor alterations or additions without issuance of a construction permit when the Department determines that the alteration or additi on will not increase the quantity and will not alter t he character of the source’s emissions.

c. The owners or operators of sources not request ing to use Federally enforceable construction permit conditions to limit potential t o emit, sources not subject to regulations with mor e stringent start of construction limitations, or sou rces not otherwise exempt from permit requirements, may undertake the following on-site activities prior to obtaining a construction permit:

i. Planning; ii. Engineering and design; iii. Geotechnical investigation; iv. Site land clearing and grading; v. Setting up temporary trailers to house constr uction staff and contractor personnel; vi. Ordering of equipment and materials; vii. Receipt and storing of equipment; viii. Pouring of the foundation up to and includ ing the mounting pads and slab on grade; ix. Relocation of utilities; and, x. For existing sources, relocation/installation of piping, electrical service,

and instrumentation.

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

2. No permit to construct or modify a source will b e issued if emissions interfere with attainment or maintenance of any State or Federal standard.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 51

General Amendments to R. 61-62 July 18, 2011 3. The owner or operator shall submit written notif ication to the Department of the date construction is commenced, postmarked no later than 30 days afte r such date, and written notification of the actual date of initial startup of each new or altered sour ce, postmarked within 15 days after such date.

4. Approval to construct shall become invalid if co nstruction:

a) Is not commenced within 18 months after receipt of such approval, b) Is discontinued for a period of 18 months or mo re, or c) Is not completed within a reasonable time as de emed by the Department.

5. The Department may extend the construction perm it for an additional 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 ph ased construction project; each phase must commence construction within 18 months of the proje cted and approved commencement date.

B. Exemptions From the Requirement to Obtain a Cons truction Permit

1. No construction permits shall be required for t he sources listed in Section II (B)(1)(a) through (c) which burn virgin fuel and which were c onstructed prior to February 11, 1971 and which are not located at a facility that meets the definition of a major source as defined in S.C. Regulation 61

- 62.70.2(r); however, modifications at these facilit ies may trigger the requirement to obtain a constru ction permit.

a. Natural gas boilers.

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

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

2. No construction permits shall be required for t he sources listed in Section II (B)(2)(a) through (h), unless otherwise specified by S.C. Reg ulation 61-62.70 or any other State or Federal requirement. A source's exemption status may chang e upon the promulgation of new regulatory requirements applicable to any of the sources liste d in Section II (B)(2)(a) through (g), or to any ot her

sources that have been determined to have total unc ontrolled emissions less than the thresholds in Sec tion II (B)(2)(h), or to any similar sources that have b een granted an exemption by the Department.

a. Boilers and space heaters of less than 1.5 x 1 0 6 BTU/HR rated input capacity which burn only virgin liquid fuels or virgin solid fuels.

b. Boilers and space heaters of less than 10 x 10 6 BTU/HR rated input capacity which burn only virgin gas fuels.

c. Comfort air-conditioning or ventilation system s.

d. Motor vehicles.

e. Laboratory hoods.

f. Emergency power generators as described below:

i. Generators of less than or equal to 150 KW ra ted capacity.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 52

General Amendments to R. 61-62 July 18, 2011 ii. Generators of greater than 150 KW rated capa city 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 suc h as an hour meter.

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

combination of these.

h. Sources with a total uncontrolled emission rat e of less than 1 lb/hr each of particulates, sulfur dioxide, nitrogen oxides, and carbon monoxid e; and a total uncontrolled emission rate of less t han 1000 lbs/month of VOC will not require construction permits. However, these sources may be required to be included in any subsequent construction or op erating permit review to ensure that there is no ca use or contribution to an exceedance of any ambient air quality standard or limit. For toxic air pollutan t exemptions, refer to S.C. Regulation 61-62.5, Stand ard No. 8. Emissions calculations and any other information necessary to document qualification for this exemption must be maintained onsite and provided to the Department upon request

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

and other sources that have been determined will no t interfere with the attainment or maintenance of a ny State or Federal standard, on a list of sources to be exempted without further review. The list of so urces that are exempt without further review from the req uirement to obtain a construction permit will be maintained by the Department and periodically publi shed in the South Carolina State Register for use by the public and the regulated community.

4. Sources with only fugitive emissions must submi t 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 natur e 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 Departmen t 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 equipme nt and proposed modification; b. The pollutant(s) being emitted and any deviati on 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 N o. 7 and 7.1.

6. The construction permitting exemptions in Secti on II (B) do not relieve the owner or operator of any source from any obligation to compl y with any other applicable requirements. The Department reserves the right to require a construc tion permit and the need for permit(s) will be made by the Department on a case-by-case basis. This determ ination 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.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 53

General Amendments to R. 61-62 July 18, 2011 C. Construction Permit Applications

1. Construction permit applications shall be revie wed and signed by a professional engineer registered to practice in the State of South Caroli na (except professional engineers employed by the Federal government preparing applications for the F ederal government or other professional engineers exempted from the State registration requirements.)

2. The following are exempt from the requirement t hat the construction permit applications be reviewed and signed by a registered professional engineer provided the proposed unit is identical t o a prototype model which has been previously designed or otherwise certified by a professional engineer:

a. Package-type incinerators of 750 pounds/hr rat ed 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 rat ed capacity or smaller which burn animal remains excluding those remains that are con sidered infectious waste; and,

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

3. Construction permit applications shall 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 faci lity name and mailing address (if different from that of the company); and the na me, mailing address, and telephone number of the owner or agent for the company;

b. The location of the facility including its str eet address and the name, mailing address, and telephone number of the facility's con tact person;

c. The facility's Federal Employer Identification Number or Federal Tax ID Number;

d. A description and the U. S. Standard Industria l Classification (SIC) Code and North American Industry Classification System (NAIC S) Code of the products or product lines to be produced by the proposed sources covered by this ap plication;

e. The facility's planned operating schedules;

f. A description of the facility's proposed new o r altered processes, including the physical and chemical properties and feed rate of t he materials used and produced (in pounds per hour)

, from which the facility determined potential emissi ons;

g. A process flow diagram/production process layo ut of all new or altered sources showing the flow of materials and intermediate and final products. The process flow diagram/productio n process layout must identify all equipment, machine s, and process steps or product lines within the production process, all product streams, all exhaus t streams (emission points) including fugitive with in the production process, all waste streams, and all control devices including inherent process control devices used within the production process;Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 54

General Amendments to R. 61-62 July 18, 2011 h. A detailed description of each proposed or exi sting source that is being altered, including the size and type along with the make and model of the source and any associated air polluti on control equipment;

i. A description, including physical and chemical properties and the Chemical Abstract Service (CAS) number (if applicable), of a ll emissions from each proposed source or existing source that is being altered. Mass emission data a nd emission calculations, including the potential

uncontrolled and controlled mass emission rate of e ach criteria pollutant and other air contaminants s uch as volatile organic compounds (VOC), toxic air poll utants (TAP), and hazardous air pollutants (HAP), that will be emitted from each source covered by th e application. Emission calculations must be based on proper documentation that supports the basis of the emission rates such as stack test data, AP-42 emis sion factors, material balance, and/or engineering estim ates. All assumptions used in the emission calcula tions must be provided. Fugitive emissions (i.e. emissio ns from filling operations, pumps, valves, flanges, etc.) must be included in the emission calculations;

j. A description of all air pollution control dev ices or systems on the new or altered sources, whether inherent or add-on. The descripti on shall include, but not be limited to, the manufacturer specifications and ratings, the engine ering design and operating characteristics, the projected capture, and destruction, control, or rem oval efficiencies at expected contaminant loading levels, and the monitoring data collection and reco rdkeeping necessary to ensure proper operation of t he air pollution control devices;

k. Source information and calculations to demonst rate 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 f low rate, exhaust gas temperature, and rain protect ion device, if any;

m. Scale drawings showing a plan view of the prop erty lines, the location of the source, all stacks and other emission points relate d to the source;

n. An air dispersion modeling analysis or other i nformation demonstrating that emissions from the facility, including those in the application, will not interfere with the attainmen t or maintenance of any ambient air quality standard;

o. A summary of facility-wide potential uncontrol led and controlled emissions with a regulatory applicability determination; and,

p. Other information as may be necessary for prop er evaluation of the source as determined by the Department.

D. General Construction Permits

1. The Department may develop and issue general co nstruction permits applicable to similar sources for new construction projects or minor modi fications to existing sources. General constructio n permits developed shall incorporate all requirement s applicable to the construction of similar sources and shall identify criteria by which sources may qualif y for coverage under the general construction permi t.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 55

General Amendments to R. 61-62 July 18, 2011 2. Sources may submit a construction permit applic ation to the Department with a request for coverage under the conditions and terms of a ge neral construction permit for similar sources. The Department shall grant the general construction per mit to sources certifying qualification for and agr eeing to the conditions and terms of the general construc tion permit for similar sources. The source shall be subject to enforcement action for operation without a valid permit if the source is later determined n ot 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 fi nal 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 a pplication includes all information necessary to determine qualification for, and to assure complian ce with, the general permit.

5. A source that qualifies for coverage under a De partment 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 gen eral construction permit.

E. Synthetic Minor Construction Permits

1. General Provisions

a. Any stationary source may request to use Feder ally enforceable permit conditions to limit the source's potential to emit and become a synthetic minor source.

b. Stationary sources requesting a synthetic mino r construction permit shall submit a complete permit application package to the Depart ment as prescribed by S.C. Regulation 61-62.1, Section II (E)(5).

c. Stationary sources requesting a synthetic mino r construction permit shall undergo the public participation procedures of S.C. Regulat ion 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 notif y the applicant in writing of its approval, conditi onal 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 n ot accept a subsequent synthetic minor construction pe rmit application until the applicant has addressed the concerns specified by the Department which caused t he denial. The source shall correct all deficiencie s noted by the Department within 60 calendar days of receiving notice of the denial, or submit a complet e major source construction permit application as pre scribed 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 po tential to emit shall submit a written request to the Department for a Federally enforceab le construction permit conditioned to constrain the operation of the source, along with a completed con struction permit application package as prescribed by S.C. Regulation 61-62.1, Section II (E)(5). The co nstruction of the new or modified source shall not

commence until the source has received an effective permit to construct.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 56

General Amendments to R. 61-62 July 18, 2011 b. The owner or operator shall submit written not ification 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 op erating 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 con tain 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 requireme nts.

b. The limitations and requirements listed as per mit conditions shall be permanent, quantifiable, or otherwise enforceable as a practic al matter.

c. All synthetic minor construction permit condit ions that constrain the operation of a source in an effort to limit potential to emit be low major source threshold levels shall be Federall y enforceable. Unless otherwise agreed by the Depart ment 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 enforce able.

4. General Synthetic Minor Construction Permits

a. The Department may, after notice and opportuni ty 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 incorpora te all requirements applicable to the construction of similar synthetic minor sources and shall identify criteria by which sources may qualify for the gener al permit. Sources may submit a permit application to the Department with a request for coverage under th e conditions and terms of a general synthetic minor construction permit for similar sources. The Depar tment shall grant the general synthetic minor construction permit to sources certifying qualifica tion for and agreeing to the conditions and terms o f the general synthetic minor construction permit for sim ilar sources. The source shall be subject to enforcement action for operation without a valid pe rmit if the source is later determined not to quali fy for the conditions and terms of the general synthetic m inor construction permit.

b. The Department may grant a source's request fo r authorization to operate under a general permit without further public notice, but s uch a grant shall be a final permit action for purp oses 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 perio dic, summarized basis covering all facilities receiving authorization since the last notice.

5. Requirements for Synthetic Minor Construction P ermit Applications

a. In addition to the minimum information require d by S.C. Regulation 61-62.1, Section II (C)(3), any facility applying for a synt hetic minor construction permit must also provide t he following:Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 57

General Amendments to R. 61-62 July 18, 2011 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) thresh olds;

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

iii. All proposed monitoring parameters, recordk eeping and reporting requirements the applicant will use to determine an d 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 t ime of the application submittal.

b. The permit application for general synthetic m inor construction permits may deviate from the requirements of Section II (E)(5)( a) provided that such application includes all information necessary to determine qualification fo r, and to assure compliance with, the general permi t

F. Operating Permits

1. The owner or operator shall submit written noti fication to the Department of the actual date of initial startup of each new or altered sour ce, postmarked within 15 days after such date. Any source that is required to obtain an air quality co nstruction permit issued by the Department must obt ain 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 r esult of periodic observation during construction, the construction under application has been completed i n 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 permi t until the operating permit is issued by the Departm ent. If construction is not built as specified in the permit application and associated construction perm it(s), the owner/operator must submit to the Department a complete description of modifications that are at variance with the documentation of the construction permitting determination prior to comm encing operation. Construction variances that woul d trigger additional requirements that have not been addressed prior to start of operation shall be cons idered construction without a permit.

3. Request for a New or Revised Operating Permit

a. For sources covered by an effective Title V op erating permit, the modification request required by S.C. Regulation 61-62.70 shall serve as the request to operate for the purposes of this regulation.

b. For sources not subject to S.C. Regulation 61- 62.70, or not yet covered by an effective Title V operating permit, the permittee s hall submit a written request for a new or revised operating permit to cover any new, or altered sourc e, postmarked no later than fifteen (15) days after the actual date of initial startup of each new or alter ed source.

c. The written request for a new or revised opera ting permit must include, as a minimum, the following information:Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 58

General Amendments to R. 61-62 July 18, 2011 i. A list of sources that were placed into opera tion.

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

G. Conditional Major Operating Permits

1. The requirements of Section II (G) shall apply t o 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 defin ition of a major source may request a Federally enforceable conditional major operating p ermit 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, shal l be issued a conditional major operating permit to consolidate the source's limitations on potential t o emit, and shall be considered a conditional major

source.

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

c. Stationary sources requesting an original or r enewed conditional major operating permit shall undergo the public participation proce dures of S.C. Regulation 61-62.1, Section II (N). Submission of a request for renewal meeting the req uirements in S.C. Regulation 61-62.1, Section II (H ) shall allow the permittee to continue operating pur suant to the most recent conditional major operatin g 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 co nditional major operating permit and shall notify the source in writing of its appro val, conditional approval, or denial.

e. In the event of a denial of a conditional majo r operating permit request, the Department shall notify the source in writing of th e reasons for the denial. The Department shall not accept a subsequent conditional major operating per mit request until the source has addressed the concerns specified by the Department which caused t he original denial. The source shall correct all deficiencies noted by the Department or submit a co mplete permit application in accordance with S.C. Regulation 61-62.70 in order to receive a Title V o perating permit.

3. Existing Sources

a. Any owner or operator desiring to be permitted as a conditional major source shall submit an operating permit request containing the information identified in S.C. Regulation 61-6 2.1, Section II (G)(6). A Federally enforceable conditio nal major operating permit shall constrain the operations of the source such that potential emissi ons fall below applicable regulatory levels and the refore exclude the source from the requirements to have a Title V operating permit.

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

4. New or Modified SourcesRevisions to the South Carolina Air Implementation Plan Text of Regulations – Page 59

General Amendments to R. 61-62 July 18, 2011 a. Any owner or operator who plans to construct, alter, or add to a source of air contaminants, including the installation of any dev ice 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 th e source, along with a complete construction permit a pplication package containing the information identified in S.C. Regulation 61-62.1, Section II ( G)(6). The construction of the new or modified sour ce shall not commence until the source has received an effective permit to construct from the Department.

b. A written request to obtain a conditional majo r operating permit shall be submitted to the Department postmarked no later tha n fifteen (15) days after the actual date of initia l startup of each new or altered source. This reques t shall include any additional information required in S.C. Regulation 61-62.1, Section II (G)(6). These facilities will be issued conditional major operati ng permits without further public notice if no substan tive changes to limitations are required. A satisf actory compliance inspection by a Department representativ e may precede the issuance of an operating permit for any newly constructed or modified source.

5. Conditional Major Operating Permit Conditions

a. Conditional major operating permits shall cont ain 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 requireme nts.

b. The limitations and requirements listed as per mit conditions shall be permanent, quantifiable, or otherwise enforceable as a practic al matter.

c. All conditional major operating permit conditi ons that constrain the operation of a source in an effort to limit potential to emit be low 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 bas is a copy of each proposed (or draft) and final per mit intended to be Federally enforceable.

6. Additional Requirements for Conditional Major O perating Permit Requests

a. In addition to the minimum information require d by S.C. Regulation 61-62.1, Section II (C)(3), any facility requesting a condit ional 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) thresh olds.

ii. All proposed production and/or operational l imitations that will constrain the operation of each emission unit that are to be identified as Federally enforceable. iii. All proposed monitoring parameters, recordk eeping and reporting requirements the source will use to determine and v erify 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.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 60

General Amendments to R. 61-62 July 18, 2011 b. The request for general conditional major oper ating permits may deviate from the requirements of Section II (G)(6) provided that suc h request includes all information necessary to determine qualification for, and to assure complian ce with, the general permit.

7. General Conditional Major Operating Permits

a. The Department may, after notice and opportuni ty 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 c onditional major operating permit shall incorporate all requirements applicable to the operation of similar conditional major sources and shall identify crite ria 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 co nditions and terms of a general conditional major operating permit for similar sources. The Departme nt shall grant the general conditional major operat ing permit to sources certifying qualification for and agreeing to the conditions and terms of the general conditional major operating permit for similar sour ces. The source shall be subject to enforcement act ion for operation without a valid permit if the source is later determined not to qualify for the conditio ns and terms of the general conditional major operating pe rmit.

b. The Department may grant a source's request fo r authorization to operate under a general permit without further public notice, but s uch a grant shall be a final permit action for purp oses 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 perio dic, 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 pe rmit renewed must submit a written request to the Department.

2. The provisions of S.C. Regulation 61-62.1, Sect ion II (H), shall apply only to those sources not subject to S.C. Regulation 61-62.70. F or sources covered by an effective Title V operatin g permit, the operating permit renewal request requir ed by S.C. Regulation 61-62.70 shall serve as the request to operate for the purposes of this regulat ion.

3. For sources not subject to S.C. Regulation 61-6 2.70, 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 th e Department in order to decide whether to renew th e permit. Past records of compliance and future proba bility of compliance will be considered in making t he decision regarding renewal.

4. Operating permit renewal requests shall include a description of any changes at the facility that have occurred since issuance of the l ast operating permit that may effect the operating permit or operating permit review. In general, the descri ption shall include any addition, alteration or rem oval of sources, including sources exempt from construction permit requirements; addition, alteration or remov al 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:Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 61

General Amendments to R. 61-62 July 18, 2011 a. The company name and mailing address; the faci lity name and mailing address (if different from that of the company); and the na me, mailing address, and telephone number of the owner or agent for the company;

b. The location of the facility including its str eet address and the name, mailing address, and telephone number of the facility's con tact person;

c. The facility's Federal Employer Identification Number or Federal Tax ID Number;

d. Any change to the U. S. Standard Industrial Cl assification (SIC) Code or North American Industry Classification System (NAICS) Cod es of the products or product lines;

e. Any construction permits to be incorporated in to the operating permit, either whole or in part, and any listed information descri ptions that have been removed or decommissioned. Any changes to exempted sources listed in current o perating permit;

f. Any change to the facility's planned operating schedules or description of the facility's current and/or proposed processes, inclu ding the physical and chemical properties and feed rate of the materials used and produced (in pounds per h our), 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 int ermediate 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 pr oduct streams, all exhaust streams (emission points ) including fugitive within the production process, a ll waste streams, and all control devices including inherent process control devices used within the pr oduction process;

h. A description, including the Chemical Abstract Service (CAS) number (if applicable), of all emissions from each source. Ma ss emission data and emission calculations, includi ng the potential uncontrolled and controlled mass emis sion rate of each criteria pollutant and other air contaminants such as volatile organic compounds (VO C), toxic air pollutants (TAP), and hazardous air pollutants (HAP), emitted from each source. Emissi on calculations must be based on proper documentation that supports the basis of the emissi on rates such as stack test data, AP-42 emission factors, material balance, and/or engineering estim ates. All assumptions used in the emission calcula tions must be provided. Fugitive emissions (i.e. emissio ns from filling operations, pumps, valves, flanges, etc.)

must be included in the emission calculations. A s ummary of facility-wide potential uncontrolled and controlled emissions with a regulatory applicabilit y determination. If existing data supplied to the Bureau remains correct, identify documents referenced to c omply with this requirement;

i. If no longer accurate, a revised air dispersio n modeling analysis or other information demonstrating that emissions from the f acility will not interfere with the attainment or maintenance of any ambient air quality standard. A s needed, include a description of each stack or ve nt related to the proposed and/or existing source(s), minimum anticipated height(s) above ground, maximum anticipated internal dimensions, discharge orientat ion(s), exhaust volume flow rate(s), exhaust gas temperature(s), and rain protection devices, if any . If existing data supplied to the Bureau remains correct, identify document referenced to comply wit h this requirement; and,

j. Other information as may be necessary for prop er evaluation of the operating permit request.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 62

General Amendments to R. 61-62 July 18, 2011 I. Registration Permits

1. Development of Registration Permits

a. The Department may, after notice and opportuni ty for public participation provided under S.C. Regulation 61-62.1, Section II (N), develop registration permits applicable to sim ilar sources. Any registration permit developed shall s pecify compliance with all requirements applicable to the construction or operation of that specific cate gory of stationary sources and shall identify crite ria by which sources may qualify for the registration perm it.

b. Registration permits will be developed only fo r specific stationary source groups with uncontrolled potential to emit less than the t hreshold for major source groups, in accordance wit h 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. Regul ation 61-62.5, Standard No. 7.1, Nonattainment New Source Review; and where equipment similarities andsimplicity remove the need for in depth sitespecific review.

2. Application for Coverage Under a Registration P ermit

a. A source that qualifies may elect to apply to the Department for coverage under a registration permit in lieu of a construction and o perating 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 an d terms of the registration permit applicable to si milar sources. The source shall be subject to enforcemen t action for operation without a valid permit if th e source is later determined not to qualify for the c onditions and terms of the registration permit. The Department reserves the right to require a construc tion or operating permit and the need for permit(s) will be made by the Department on a case-by-case basis. This determination will take into consideration, bu t
will not be limited to the nature and amount of the pollutants, location, proximity to residences and commercial establishments, etc.

b. The Department may grant a source's request fo r 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 any applica ble permit conditions listed in Section II (J) as the Department finds appropriate.

b. Registration Permits shall contain any applica ble special permit conditions required to verify a source's compliance with any e missions limitations and operational requirements.

J. Permit Conditions

1. Standard Permit Conditions

All construction and operating permits shall conta in the following standard permit conditions.

a. No applicable law, regulation or standard will be contravened.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 63

General Amendments to R. 61-62 July 18, 2011 b. All official correspondence, plans, permit app lications and written statements are an integral part of the permit. Any false informati on or misrepresentation in the application for a construction or operating permit may be grounds for permit revocation.

c. For sources not required to have continuous em ission monitors, any malfunction of air pollution control equipment or system, proce ss upset or other equipment failure which results i n discharges of air contaminants lasting for one hour or more and which are greater than those discharge s described for normal operation in the permit applic ation shall be reported to the Department within twenty-four hours after the beginning of the occurr ence and a written report shall be submitted to the Department within thirty (30) days. The written rep ort shall include as a minimum, the following:

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

ii. The magnitude of the excess emissions expres sed in the units of the applicable emission limitation and the operating da ta and calculations used in determining the excess emissions;

iii. The time and duration of the excess emissio ns;

iv. The identity of the equipment causing the ex cess emissions;

v. The nature and cause of such excess emissions ;

vi. The steps taken to remedy the malfunction an d the steps taken or planned to prevent the recurrence of such malfunction;

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

viii. Documentation that the air pollution contr ol equipment, process equipment, or processes were at all times maintaine d and operated, to the maximum extent practicable, in a manner consistent with good practice for minimizi ng emissions.

d. Sources required to have continuous emission m onitors shall submit reports as specified in applicable parts of the permit, law, r egulations, or standards.

e. Any owner or operator who constructs or operat es a source or modification not in accordance with the application submitted pursuant to this regulation or with the terms of any approva l to construct, or who commences construction after the effective date of these regulations without applyin g for and receiving approval hereunder, shall be subj ect 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 mo nths 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 a pply to the time period between construction of the appr oved phases of a phased construction project; each phase must commence construction within 18 months o f the projected and approved commencement date.

g. A copy of the Department issued construction a nd/or operating permit must be kept readily available at the facility at all times . The permittee shall maintain such operational rec ords; make reports; install, use, and maintain monitoring equipment or methods; sample and analyze emissionsRevisions to the South Carolina Air Implementation Plan Text of Regulations – Page 64

General Amendments to R. 61-62 July 18, 2011 or discharges in accordance with prescribed methods , at locations, intervals, and procedures as the Department shall prescribe; and provide such other information as the Department reasonably may require. All records required to demonstrate compli ance with the limits established under this permit shall be maintained on site for a period of at least five (5) years.

2. Special Permit Conditions

As the Department finds appropriate, permits shall include special permit conditions such as, but not limited to, production limits, operational limi ts, source performance testing, operation and maintenance requirements, notification requirements , recordkeeping requirements, reporting requirements, and other monitoring as required.

a. When special permit conditions contain product ion or operational limits, the permit shall have monitoring and/or recordkeeping r equirements to verify a source's compliance with th e 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 sho rt
term basis.

c. The time period over which a permit limitation on production or operation extends will be as short as possible. For the purpo se of determining compliance, permit limitations wi ll in general not exceed one month and shall not exceed a n annual limit with a rolling monthly average or su m.

d. An owner or operator of stationary sources tha t desire or are required to conduct performance tests to verify emissions limitations s hall ensure that source tests are conducted in accordance with the provisions of S.C. Regulation 6 1-62.1, Section IV, Source Tests.

e. An hourly emission limit shall be sufficient o nly if the permit condition(s) require the installation, calibration, maintenance, and operation of a continuous emission monitor (CE M) system, or any other monitoring approved by the Dep artment. All monitoring data shall be defined and recorded for showing compliance with the emission l imit(s).

f. The limitations and requirements listed in the permit conditions shall be permanent, quantifiable, or otherwise enforceable a s a practical matter.

K. Exceptions

1. Upon request, the Department may alter operatin g permits, compliance schedules, or other restrictions on operation of a source provided that resulting ambient air concentration levels will no t exceed any national or State ambient air quality st andard. Factors to be considered by the Department may include, but are not limited to, technology, ec onomics, national energy policy, and existing air quality. The request by the source must also show the following:

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

b. The source is unable to comply with the State requirements because the necessary technology or other alternative methods o f control are not reasonably available, or have not been available for a sufficient period of time;Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 65

General Amendments to R. 61-62 July 18, 2011 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 appl y to mass emission limits which are imposed upon any source by the following requiremen ts:

a. Federal New Source Performance Standards;

b. National Emission Standards for Hazardous Air Pollutants;

c. Federal or State Prevention of Significant Det erioration Regulations; or,

d. Non-attainment requirements.

3. Where a permanent increase in the visible emiss ion 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 provi de for compliance with the applicable regulations as expeditiously as practicable, based on a plan submitted with the request for the altern ative compliance schedule.

5. Any request under this section will be subjecte d to public notice and opportunity for a public hearing. Upon approval by the Board, the rec ommendations of this Department shall be sent to th e Administrator of the Environmental Protection Agenc y, or his designated representative, for approval o r disapproval.

6. Where alternative compliance schedule provision s are contained elsewhere in the air pollution control regulations, those provisions sha ll 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 immediat e corrective action to restore normal operation, and that causes the source to exceed a technology-based emission limitation under the permit, due to unavoi dable increases in emissions attributable to the emergency. An emergency shall not include noncompli ance to the extent caused by improperly designed equipment, lack of preventative maintenance, carele ss 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 b e demonstrated through properly signed, contemporaneous operating logs, and other relevant evidence that verify:

a. An emergency occurred, and the permittee can i dentify the cause(s) of the

emergency;Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 66

General Amendments to R. 61-62 July 18, 2011 b. The permitted source was at the time the emerg ency occurred being properly operated;

c. During the period of the emergency, the permit tee took all reasonable steps to

minimize levels of emissions that exceeded the emis sion standards, or other requirements in the permit ; and

d. The permittee gave a verbal notification of th e emergency to the Department

within 24 hours of the time when emission limitatio ns were exceeded, followed by a written report with in 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 descri ption of the emergency, any steps taken to mitigate emission s, and corrective actions taken.

4. In any enforcement action, the permittee seekin g to establish the occurrence of an emergency has the burden of proof.

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

M. Transfer of Ownership/Operation

Within thirty (30) days of the transfer of ownersh ip/operation of a facility, the current permit holder and prospective new owner/operator shall sub mit to the Department a written request for transfe r of the source operating or construction permits. T he written request for transfer of the source opera ting or construction permit shall include any changes perta ining to the company name and mailing address; the facility name and mailing address (if different fro m that of the company); the name, mailing address, and telephone number of the owner or agent for the comp any; and any proposed changes to the permitted activities of the source. Transfer of the operatin g or construction permits will be effective upon wr itten approval by the Department.

N. Public Participation Procedures

1. When determined to be appropriate by the Depart ment (or specified by regulation) notice of permitting activity shall be provided to the pub lic and other entities for their review and comment

. Public notice shall be given by publication in a ne wspaper of general circulation in the area where th e 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 re quest 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, addr ess, and telephone number of a person from whom interested persons may obtain additional informatio n, including copies of the permit draft, the applic ation, and all other materials available to the Department that are relevant to the permit decision, except f or information entitled to confidential treatment (the contents of any proposed or draft permit shall not be treated as confidential information); a brief descr iption of the comment procedures; and the time and place of any public hearing that may be held, inclu ding a statement of procedures to request a hearing (unless a hearing has already been scheduled).

3. The Department shall provide at least 30 days f or public and EPA comment and shall give notice of any public hearing at least 30 days in advance of the hearing. The Department shall kee p aRevisions to the South Carolina Air Implementation Plan Text of Regulations – Page 67

General Amendments to R. 61-62 July 18, 2011 record of the commenters and also of the issues rai sed during the public participation process. The Department shall consider, and provide a written re sponse to all written comments received by mail and at the public hearing, within the time specified fo r the public notice, in making a final decision on the application.

4. A newly constructed or modified source issued a Federally enforceable final construction permit will not require an additional public commen t period and/or hearing to obtain an operating perm it, unless the source proposes a change in the original construction and/or operational plan, prior to commencing construction, which the Department deter mines 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 al l public participation procedures of this section a re completed, and the source has received an effective construction permit from the Department.

6. Maintenance activities, repairs, and replacemen ts which the Department determines to be routine for that source category shall not, by them selves, be required to undergo the public participa tion procedures of S.C. Regulation 61-62.1, Section II ( N).

O. Inspection and Entry

Upon presentation of credentials and other documen ts as may be required by law, the permittee shall allow the Department or an authorized represe ntative to perform the following:

1. Enter the facility where emissions-related acti vity is conducted, or where records must be kept under the conditions of the permit.

2. Have access to and copy, at reasonable times, a ny records that must be kept under the conditions of the permit.

3. Inspect any facilities, equipment (including mo nitoring and air pollution control equipment), practices, or operations regulated or r equired under this permit.

4. As authorized by the Federal Clean Air Act and/ or the SC Pollution Control Act, sample or monitor at reasonable times substances or parame ters for the purpose of assuring compliance with th e permit or applicable requirements.

SECTION III - EMISSIONS INVENTORY

A. General

Emissions inventory is a study or compilation of po llutant 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 classe s of sources and of individual sources, to provide a basis for air permit fees, and to determine the adequacy of regulations and st andards. The requirements of this Section notwithstanding, an emissions inventory may be required from

any source at any time.

B. ApplicabilityRevisions to the South Carolina Air Implementation Plan Text of Regulations – Page 68

General Amendments to R. 61-62 July 18, 2011 The provisions of this Section shall apply to all stationary sources:

1. that include any point source defined as a majo r source according to 40 CFR Part 70; or,

2. that are located in a non-attainment area that exceed the specified thresholds.

C. Emissions Inventory Reporting Requirements

1. Beginning with the effective date of this regul ation, these sources will submit an emissions inventory in a frequency specified by Table 1 by March 31st f or the previous calendar year.

a. Type A Sources - Title V sources with potential annual emissions greater than or equal to any of the emission thresholds listed for Type A Sources in Table 1 of this Section. Beginnin g with the effective date of this regulation, these s ources will submit an emissions inventory by March 31 of every year for the previous calendar year. Beginnin g on March 31, 2012 (with 2011 calendar year data)

these sources will submit TAP and HAP data with the ir annual emissions inventory every third year for the previous calendar year.

b. Type B Sources - Title V sources with potentia l annual emissions during any year of the three year cycle greater than or equal to any of the emission thresholds listed for Type B Sources in Table 1 of this Section. Beginning on Ma rch, 31 2012 (with calendar year 2011 data), these sources will submit emissions inventories every 3 y ears for the previous calendar year.

c. NAA Sources - Sources located in a non-attainm ent area with actual annual emissions during any year of the three year cycle g reater than or equal to any of the emission thresho lds

listed for NAA Sources in Table 1 of this Section. Beginning on March 31, 2012 (with calendar year 201 1 data), these sources that are not also Type A Sourc es will submit emissions inventories every 3 years for the previous calendar year.

Table 1 - Minimum Point Source Reporting Thresholds by Pollutant (tpy potential to emit 1 )

Annual cycle Three-year cycle

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

SOx ≥ 2500 ≥ 100 ≥ 100

≥ 100 (moderate O 3 NAA )

≥ 50 (serious O 3 NAA)

≥ 25 (severe O 3 NAA) VOC ≥ 250 ≥ 100

≥ 10 (extreme O 3 NAA)

NO X ≥ 2500 ≥ 100 ≥ 100 (all O 3 NAA)

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

Pb ≥ 5 ≥ 5Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 69

General Amendments to R. 61-62 July 18, 2011 ≥ 100 (moderate PM 10 NAA) PM 10 ≥ 250 ≥ 100 ≥ 70 (serious PM 10 NAA)

PM 2.5 ≥ 250 ≥ 100 ≥ 100

NH 3 ≥ 250 ≥ 100 ≥ 100

≥ 10 Single HAP HAP 4

≥ 25 Combined HAPs

1 tons per year (tpy) potential to emit means the ma ximum capacity of a stationary source to emit any a ir pollutant under its physical and operational design . Any physical or operational limitation on the capacity of a source to emit an air pollutant, incl uding air pollution control equipment and restricti ons on hours of operation or on the type or amount of mate rial combusted, stored, or processed, shall be trea ted as part of its design if the limitation is enforcea ble by the Federal Administrator and included in th e sources permit prior to the end of the reporting ye ar.

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

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

Particulate matter less than 10 microns: PM 10

. 4 Hazardous Air Pollutant.

2. Other Requirements

a. Unless otherwise indicated, all emissions inve ntories shall be submitted to the Department by March 31 following the year of invent ory. All applicable information will be recorded on the current format for reporting emissions data as provided by the Department.

b. All newly permitted and constructed Title V so urces and/or NAA Sources will complete and submit to the Department initial emiss ions inventories including the partial year when operation first began and the first full calendar y ear of operation. These sources shall then submit f uture
emissions inventories on the schedule as described in Table 1 of this Section.

c. Any existing sources that are newly identified as Title V sources and/or NAA Sources will complete and submit to the Department an emissions inventory for the previous calendar year within 90 days of learning of applicability. T hese sources shall then submit future emissions

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

d. Submittal of emissions inventories outside of the schedules in this Section will be accepted and reviewed only if a modification has oc curred that required issuance of an air quality per mit since the last emissions inventory submittal by the source. This modification must alter the quantity or character of the sources emissions. These sources m ay submit a new emissions inventory following the first full calendar year of operation after the mod ification. These sources shall then submit future

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

e. Information required in an emissions inventory submittal to the Department will

include the following:

i. Information on fuel burning equipment; ii. Types and quantities of fuel used; iii. Fuel analysis; iv. Exhaust parameters;Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 70

General Amendments to R. 61-62 July 18, 2011 v. Control equipment information; vi. Raw process materials and quantities used; vii. Design, normal, and actual process rates; viii. Hours of operation; ix. Significant emission generating points or p rocesses as discussed on the current form for reporting emissions data as provid ed by the Department; x. Any desired information listed in 40 CFR 51, Subpart A (December 17, 2008) that is requested by the Department. xi. Emissions data from all regulated pollutant s. Beginning on March 1, 2012 (with 2011 calendar year data) sources will su bmit TAP and HAP data with their annual emissions inventory every third year for the previous calenda r year. xii. Any additional information reasonably rela ted to determining if emissions from an air source are causing standards of air quality to be exceeded.

f. A source may submit a written request to the D epartment for approval of an alternate method for estimating emissions outside o f those methods prescribed by the Department. Such requests will be reviewed by the Department's emiss ions inventory staff on a case-by-case basis to

determine if the alternate method better characteri zes actual emissions for the reporting period than the Department's prescribed methods.

g. Emission estimates from insignificant activiti es 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 Departm ent,
the source shall include these emissions in their n ext required emissions inventory submittal.

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

SECTION IV - SOURCE TESTS

.

A. Applicability.

1. This Section shall apply to the owner or operat or of any source which conducts:

a. a source test required under an applicable sta ndard or permit condition; or pursuant to a judicial or administrative order, con sent agreement, or any other such binding requireme nt
entered into after the effective date of this stand ard, or

b. any other source test from which data will be submitted to the Department for any purpose including but not limited to: determina tion of applicability of regulatory requirements, development of emission factors, establishment of p arameters for compliance assurance monitoring, continuous emission monitor performance specificati on testing, and Relative Accuracy Test Audits (RATA).

2. The Department may, on a case-by-case basis, ex empt from the requirements of this Section source tests which are performed for develo pment of emission factors or for determination of applicability of regulations.

B. Submission and Approval of a Site-Specific Test Plan.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 71

General Amendments to R. 61-62 July 18, 2011 1. Prior to conducting a source test subject to th is Section, the owner or operator shall

ensure that:

a. a written site-specific test plan including al l 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 o wner or operator may submit a letter which referenc es the approved plan and which includes a thorough des cription of amendments to the plan; and

b. written Department approval of the site-specif ic 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 ap plicable 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 Departmen t.

3. a. The owner or operator of a source proposing to use alternative source test

methods shall ensure that the alternative source te st method is either validated according to EPA Reference Method 301 (40 CFR Part 63, Appendix A, D ecember 29, 1992), and any subsequent amendments or editions, or approved by the Departme nt.

b. The owner or operator shall ensure that reques ts for approval of alternative source test methods are submitted to the Department along with the site-specific test plan, and that t he submission contains all of the information required by paragraph C below.

4. The Department shall determine whether any sour ce test method proposed in the sitespecific test plan is appropriate for use.

5. a. The owner or operator shall submit site-spec ific 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 Regulatio n 61-62.5, Standard No. 8, shall submit site-specif ic test plans or a letter which amends a previously approve d test plan at least 60 days prior to the proposed test
date.

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

6. Within 30 days of site-specific test plan recei pt, the Department will notify the owner or operator of site-specific test plan approval or den ial or will request additional information.

7. The owner or operator shall submit any addition al information requested by the Department necessary to facilitate the review of th e 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 mannerRevisions to the South Carolina Air Implementation Plan Text of Regulations – Page 72

General Amendments to R. 61-62 July 18, 2011 shall relieve an owner or operator of legal respons ibility to comply with any applicable provisions of this Section or with any other applicable Federal, State , or local requirement, or prevent the Department f rom enforcing this Section.

C. Requirements for a Site-Specific Test Plan.

A site-specific test plan shall include, at a mini mum, the following:

1. Facility Information:

a. Facility name, address, and telephone number, and name of facility contact.

b. Facility permit number and source identificati on number.

c. Name, address, and telephone number of the com pany contracted to perform the

source test.

d. Name, address, and telephone number of the lab oratory 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 re gulation or permit condition requiring the tests.

3. Process Descriptions:

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

b. Process design rates and normal operating rate s.

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

d. Methods including proposed calculations, equat ions, and other related

information that will be used to demonstrate and ve rify the operating rate during the source test.

e. Description of any air pollution control equip ment.

f. Description of any stack gas or opacity monito ring systems.

g. Description of all air pollution control monit ors (for example, pressure gauges, flow indicators, cleaning cycle timers, electrostat ic precipitator voltage meters, etc.) when applicab le.

h. A list of process and air pollution control op erating parameters that will be recorded during the tests, the responsible party wh o will record these readings, and the frequency at which readings will be recorded.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 73

General Amendments to R. 61-62 July 18, 2011 4. Safety Considerations:

a. Identification of any risks associated with sa mpling location and accessibility, toxic releases, electrical hazards, or any other un safe conditions, and a plan of action to correct or abate

these hazards.

b. List of all necessary or required safety equip ment including respirators, safety glasses, hard hats, safety shoes, hearing protectio n, 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 ea ch test run.

g. Location where samples will be recovered.

h. Explanation of how blank and recovery check re sults and analytical non-detects

will be used in final emission calculations.

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

j. Method of storing and transporting samples.

6. Sampling Locations and Documentation:

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

b. A description of all emission points, includin g fugitive emissions, associated with the process to be tested, and when applicable, the method that will be used to measure or include thes e 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 Pollutio n Measurement Systems, Volume III.

b. Chain-of-custody procedures and copies of chai n-of-custody forms.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 74

General Amendments to R. 61-62 July 18, 2011 c. Procedure for conditioning particulate matter filters (before and after source testing).

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

orsats, etc.

e. Equipment calibration frequencies, ranges, and acceptable limits.

f. Minimum detection limits of analytical instrum entation.

g. Names, addresses and responsible persons of al l sub-contracting laboratories and a description of analytical methods to be used, cha in-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 s amples will be collected.

i. Methods for interference and matrix effects ch ecks, and number of replicate analyses.

j. Methods and concentrations for internal standa rds (standards additions prior to extraction).

k. Methods and concentrations for surrogate stand ards (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 acceptab ility 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 te st methods or for calculation of process operating rates.

c. Proposed report submission date if more than 3 0 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 th is Section, the owner or operator shall

ensure that written notification is submitted to th e Department at least two weeks prior to the test d ate. Submission of a site-specific test plan or amendmen ts 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 operato r shall notify the Department as soon as practical by telephone and follow up in writing within 30 days. Telephone notification shall include a description ofRevisions to the South Carolina Air Implementation Plan Text of Regulations – Page 75

General Amendments to R. 61-62 July 18, 2011 the circumstance(s) causing the cancellation of the test, and a projected retest date. The written fol low-up report shall include a description of the condition (s) which prevented the source test from being conducted, and when applicable, what corrective act ion 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 allowe d subject to Department approval.

4. All tests shall be made by, or under the direct ion of, a person qualified by training and/or experience in the field of air pollution testing.

5. Unless approved otherwise by the Department, th e owner or operator shall ensure that source tests are conducted while the source is oper ating at the maximum expected production rate or ot her 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 o f 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 o r process rate. Any source test performed at a produc tion rate less than the rated capacity may result i n permit limits on emission rates, including limits o n production if necessary.

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

a. Department access to the facility to observe s ource 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 test ing of a source.

E. Source Test Method Audit Program.

1. The Department may request that samples collect ed during any source tests be split with the Department for analysis by an independent or De partment 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 perf ormance audit samples to the owner or operator, the Department thereby waives the requirement to conduc t a performance audit.

3. A waiver of performance audit requirements to c onduct a performance audit for a particular source test under E.2 above does not con stitute a waiver of performance audit requirements for

future source tests.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 76

General Amendments to R. 61-62 July 18, 2011 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 th is 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-sp ecific test plan prior to testing or is otherwise specifie d in a relevant Federal or State standard.

2. The final test report for each site-specific te st plan shall contain, at a minimum, the following supporting information when applicable:

a. Summary of the results.

b. Emission calculations and emission rates in un its of the applicable standard, permit limit, etc.

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

d. Source compliance status.

e. Process operating rates.

f. Methods including actual calculations, equatio ns, and other related information that were used to demonstrate and verify the operat ing rate during the source test.

g. Chain of custody records.

h. Certification of all reference standards used.

i. Signature of a responsible facility representa tive 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, a nalyzer measurements, etc.).

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

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

m. Legible copies of all applicable process and a ir pollution control operating parameter readings identified in the approved site- specific test plan.

n. Results of all calibrations and QA/QC measures and checks identified in the approved site-specific test plan.

o. Results of performance audits pursuant to para graph E.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 77

General Amendments to R. 61-62 July 18, 2011 p. Description of any deviations from the propose d process operations as approved in the site-specific test plan during testing.

q. Description of any deviations from approved sa mpling methods/procedures.

r. Description of any deviations from approved an alytical procedures.

s. Description of any problems encountered during sampling and analysis, and explanation of how each was resolved.

G. Non-Compliant Results.

Within fifteen days of submission of a test report indicating non-compliance, the owner or operator shall submit to the Department a written p lan which includes at a minimum:

1. interim actions being taken to minimize emissio ns 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 sou rce has returned to compliance (for example, retest and proposed date);

4. any changes necessary to update the site-specif ic test plan prior to a retest.

H. Analytical Observation. Upon request by the Depa rtment, the owner or operator or the source test consultant shall ensure that Department representat ives are provided access to the analytical laborato ry for observation of instrument calibrations and anal ysis 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 fo r inspection of the source(s) to be tested.

J. Modifications. Modifications to the approved sit e-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 unaccep table.

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 p rogram, to require owners or operators of stationar y sources to monitor emissions, submit periodic repor ts of such emissions and maintain records as specif ied by various regulations and permits, and to evaluate reports and records for consistency with the appli cable emission limitation or standard on a continuing bas is over time. The monitoring data collected and rec ords 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 vio lation of the underlying emission limitation or sta ndard.

B. The purpose of this section is:Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 78

General Amendments to R. 61-62 July 18, 2011 1. To clarify the statutory authority of Regulatio n 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 emissi on standards.

2. To eliminate any potential ambiguity regarding language that has been interpreted to provide for exclusive reliance on reference test me thods as the means of certifying compliance with va rious

emission limits.

3. To curtail language that limits the types of te sting or monitoring data that may be used for determining compliance and for establishing violati ons.

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 sourc e would have been in compliance with applicable requirements if the appropriate performance or comp liance test had been performed, can be used to establish whether or not a person has violated or i s in violation of any standard in the plan.

2. Compliance Certifications - Consistent with Sou th 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 requirement s if the appropriate performance or compliance test had been performed, for the purpose of submitting c ompliance certifications.

R. 61-62.1 History - South Carolina State Register : Vol. 7, Issue No. 2, (Doc. No. ?), February 25, 198 3; 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, 19 88; Vol. 13, Issue No. 2, (Doc. No. 868), February 24, 1989; Vol. 13, Issue No. 3, (Doc. No. 1053), March 24, 1 989; Vol. 14, Issue No. 6, (Doc. No. 1067), June 22, 19 90; 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, 19 92; Vol. 19, Issue No. 6, (Doc. No. 1798), June 23, 19 95; Vol. 20, Issue No. 1, (Doc. No. 1913), January 26, 1996; Vol. 22, Issue No. 6, (Doc. No. 2244), June 26, 19 98; Vol. 22, Issue No. 8, (Doc. No. 2328), August 28, 1998; Vol. 23, Issue No. 6, (Doc. No. 2352), June 25, 19 99; Vol. 24, Issue No. 5, (Doc. No. 2444), May 26, 200 0; Vol. 25, Issue No. 7, (Doc. No. 2622), July 27, 20 01; Vol. 25, Issue No. 10, (Doc. No. 2648), October 26 , 2001;Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 79

General Amendments to R. 61-62 July 18, 2011 Vol. 26, Issue No. 8, (Doc. No. 2736), August 23, 2002; Vol. 27, Issue No. 6, (Doc. No. 2840), June 27, 20 03; Vol. 29, Issue No. 2, (Doc. No. 2840), February 25 , 2005; Vol. 29, Issue No. 6, (Doc. No. 2943), June 24, 20 05; Vol. 29, Issue No. 8, (Doc. No. 2980), August 26, 2005; Vol. 31, Issue No. 5, (Doc. No. 3069), May 25, 200 7; Vol. 32, Issue No. 10, (Doc. No. 3224), October 24 , 2008; Vol. 34, Issue No. 5, (Doc. No. 4085), May 28, 201 0; Vol. 34, Issue No. 11, (Doc. No. 4131), November 2 6, 2010; Vol. 35, Issue No. 5, (Doc. No. 4130), May 27, 201 1.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 80

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

# Clean Copy, R. 61-62.3Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 81

General Amendments to R. 61-62 July 18, 2011 SOUTH CAROLINA

DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL

AIR POLLUTION CONTROL REGULATIONS AND STANDARDS

REGULATION 61-62.3

AIR POLLUTION EPISODES

SECTION I. - EPISODE CRITERIA

Conditions justifying the proclamation of any stag e of an air pollution episode shall be deemed to

exist whenever the Commissioner determines that the accumulation of air pollutants in any place is attaining or has attained levels which could, if su ch levels are sustained or exceeded, lead to substa ntial threat to the health of persons. The appropriate ep isode stage will be declared on a regional basis, a s dictated by air quality monitoring. Adverse air qua lity need not be regionwide to trigger control acti ons; the appropriate episode stage will be declared for an entire Air Quality Control Region when any monitoring site within the region records ambient a ir quality in excess of that designated in the crit eria. In making this determination, the Commissioner will be guided by the criteria listed below:

1. FORECAST - This level will normally be activate d when an Air Stagnation Advisory (ASA) is issued for any part of South Carolina by the Columb ia Forecast Office of the National Weather Service. If continuous air monitoring equipment indicates an up ward trend in pollutant concentrations, the Commissioner may request that the National Weather Service issue an ASA, even though meteorological factors do not appear critical. In the absence of a n ASA, the Commissioner may, at his discretion, dec lare this level when it is in the best interest of publi c health and welfare.

2. WATCH - This level will be activated when conti nuous air quality monitoring indicates that one of the following pollutant concentrations has been rea ched:

PM 10 - 350 μg/m 3 , 24-hour average;

SO 2 - 400 μg/m 3 (0.15 p.p.m.), 24-hour average; or

O 3 (Ozone) - 400 μg/m 3 (0.2 p.p.m.), 1-hour average;

and meteorological conditions are such that the pol lutant concentrations can be expected to remain at the above levels for twelve (12) hours or more, or incr ease, or in the case of ozone, the situation is lik ely to

recur within the next 24 hours unless control actio ns are taken.

3. ALERT - This level indicates that air quality i s continuing to deteriorate and that additional con trol actions are necessary. An alert will be declared wh en monitoring indicates that one of the following pollutant concentrations has been reached:

PM 10 - 420 μg/m 3 , 24-hour average;

SO 2 - 800 μg/m 3 (0.3 p.p.m.), 24-hour average; or

O 3 (Ozone) - 800 μg/m 3 (0.4 p.p.m.), 1-hour average;Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 82

General Amendments to R. 61-62 July 18, 2011 and meteorological conditions are such that polluta nt concentrations can be expected to remain at the above levels for twelve (12) hours or more, or incr ease, or in the case of ozone, the situation is lik ely to

recur within the next 24 hours unless control actio ns are taken.

4. EMERGENCY - The primary objective of this plan is to prevent this level from ever being reached; however, should this level be reached the most stringent control actions are necessary. An emergency will be declared when monitoring indicate s that one of the following pollutant concentration s has been reached:

PM 10 - 500 μg/m 3 , 24-hour average;

SO 2 - 1600 μg/m 3 (0.6 p.p.m.), 24-hour average; or

O 3 (Ozone) - 1000 μg/m 3 (0.5 p.p.m.), 1-hour average;

and meteorological conditions are such that this co ndition can be expected to continue for twelve (12) or more, or increase, or in the case of ozone, the sit uation is likely to recur within the next 24 hours unless

control actions are taken.

5. TERMINATION - Once declared, any level reached by application of these criteria will remain in

effect until the criteria for that level are no lon ger met. At such time, the next lower level will be assumed.

SECTION II. - EMISSION REDUCTION REQUIREMENTS

Operators of plants emitting 100 tons per year or more of a single pollutant, and located in a nonattainment county or a county with a nonattainme nt area, are required to submit written plans for meeting the required reductions of pollutants for w hich the county is in nonattainment. These plans mu st identify the air pollutant source, the approximate amount of reduction of pollutants and a brief descr iption

of the manner in which the reduction will be achiev ed during each level. Sources of particulate matter and sulfur dioxide have been subject to this requiremen t since 1972 and sources of volatile organic compounds since July 1, 1980.

TABLE 1 - EMISSION REDUCTION PLANS WATCH LEVEL

PART A. GENERAL

When a Watch Level is declared, the following volu ntary actions will be requested:

1. There should be no open burning by any persons of tree waste, vegetation, refuse, or debris in any

form.

2. The use of incinerators for the disposal of any form of solid waste should be limited to the hours between 12 noon and 4 p.m.

3. Persons operating fuel-burning equipment which requires boiler lancing or soot blowing should perform such operations between the hours of 12 noo n and 4 p.m.

4. Persons operating motor vehicles should elimina te all unnecessary operations.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 83

General Amendments to R. 61-62 June 15, 2011 PART B. - SOURCE CURTAILMENT

Persons responsible for the operation of a source of air pollutants listed below shall be advised of existing conditions and be advised to review their emission reduction plans:

1. Coal or oil-fired electric power generating pla nts.

2. Coal or oil-fired process steam generating plan ts.

3. Industrial Sources of the following classificat ions:

Tire Manufacturing Bulk Gasoline Terminals

Primary Metals Industry Mineral Processing Industries

Petroleum Refining Operations Paper and Allied Products

Chemical Industries Grain Industry

Petroleum Storage Plants Surface Coating

Printing Degreasing Operations

TABLE 2 - EMISSION REDUCTION PLANS ALERT LEVEL

PART A. GENERAL

Upon declaration of an Alert Level the following w ill apply:

1. There shall be no open burning by any persons o f tree waste, vegetation, refuse, or debris in any

form.

2. The use of incinerators for the disposal of any form of solid waste or liquid waste shall be prohibited.

3. Persons operating fuel-burning equipment which requires boiler lancing or soot blowing shall perform such operations only between the hours of 1 2 noon and 4 p.m.

4. Persons operating motor vehicles are requested to reduce operations by the use of car pools and increased use of public transportation and eliminat ion of unnecessary operation.

PART B. - SOURCE CURTAILMENT

Any person responsible for the operation of a sour ce of air pollutants listed below shall take all required control actions for this Alert Level to in clude the following:

1. Coal or oil-fired electric power generating pla nts:

a. Maximum reduction by utilization of fuels havi ng lowest ash and sulfur content.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 84

General Amendments to R. 61-62 June 15, 2011 b. Maximum utilization of mid-day (12 noon to 4 p .m.) atmospheric turbulence for boiler lancing and soot blowing.

c. Maximum reduction by diverting electric power generation to plants outside of Alert Area.

2. Coal and Oil-fired process steam generating pla nts:

a. Maximum reduction by utilization of fuels havi ng the lowest available ash and sulfur content.

b. Maximum utilization of mid-day (12 noon to 4 p .m.) atmospheric turbulence for boiler lancing and soot blowing.

c. Making ready for use a plan of action to be ta ken if an emergency develops.

3. Industrial sources including petroleum refining , chemical, primary metals, glass, paper and allied products which require considerable lead time for s hut-down:

a. Maximum reduction of air contaminants from man ufacturing operations by, if necessary, assuming reasonable economic hardships by postponin g production and allied operations.

b. Maximum reduction by deferring trade waste dis posal operations which emit solid particles, gases, vapors or any malodorous substances.

c. Maximum reduction of heat load demands for pro cessing.

d. Maximum utilization of mid-day (12 noon to 4 p .m.) atmospheric turbulence for boiler lancing or soot blowing.

4. Industrial sources including primary metals, ch emical, mineral processing, grain, surface coating, bulk gasoline terminals, petroleum storage plants, degreasing operations, printing and tire manufactur ing which require relatively short lead times for shut- down:

a. Elimination of air pollutants from manufacturi ng operations by ceasing, curtailing, postponing or deferring production and allied operations to th e extent possible without causing injury to persons or damage to equipment.

b. Elimination of air pollutants from trade waste disposal processes which emit solid particles, gases, vapors or malodorous substances.

c. Maximum utilization of heat load demands for p rocessing.

d. Maximum utilization of mid-day (12 noon to 4 p .m.) atmospheric turbulence for boiler lancing or soot blowing.

e. Maximum reduction in gasoline and petroleum pr oducts transfer.

TABLE 3 - EMISSION REDUCTION PLANS EMERGENCY LEVEL

PART A. GENERALRevisions to the South Carolina Air Implementation Plan Text of Regulations – Page 85

General Amendments to R. 61-62 June 15, 2011 Upon declaration of Emergency Level the following will apply:

1. There shall be no open burning by any persons o f tree waste, vegetation, refuse or debris in any

form.

2. The use of incinerators for the disposal of any form of solid or liquid waste shall be prohibited.

3. All places of employment described below shall immediately cease operations:

a. Mining and quarrying of nonmetallic minerals.

b. All construction work except that which must p roceed to avoid emergency physical harm.

c. All manufacturing establishments except those required to have in force an air pollution episode plan.

d. All wholesale trade establishments, i.e., plac es of business primarily engaged in selling merchandise to retailers, or industrial, commercial , institutional or professional users, or to other wholesalers or acting as agents in buying merchandi se for or selling merchandise to such persons or companies except those engaged in the distribution of drugs, surgical supplies and food.

e. All offices of local, county and State governm ent including authorities, joint meetings and other public bodies except such agencies which are determined by the chief administrative officer of local, county, or state government, authorities, jo int meetings and other public bodies to be vital fo r public safety and welfare and the enforcement of the provi sions of this order.

f. All retail trade establishments except pharmac ies, surgical supply distributors, and stores primarily engaged in the sale of food.

g. Banks, credit agencies other than banks, secur ities and commodities brokers, dealers, exchangers and services; offices of insurance carri ers; agents and brokers, real estate offices.

h. Wholesale and retail laundries, laundry servic es and cleaning and dyeing establishments; photographic studios; beauty shops, barber shops, s hoe repair shops.

i. Advertising offices; consumer credit reporting , adjustment and collection agencies; duplicating, addressing, blueprinting; photocopying, mailing, ma iling list and stenographic services; equipment ren tal services, commercial testing laboratories.

j. Automobile repair, automobile services, garage s, gasoline stations.

k. Establishments rendering amusement and recreat ional services including motion picture

theaters.

l. Elementary and secondary schools, colleges, un iversities, professional schools, junior colleges, vocational schools, and public and private librarie s.

4. All commercial and manufacturing establishments not included in this order will institute such

actions as will result in maximum reduction of air pollutants from their operation by ceasing, curtail ing,Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 86

General Amendments to R. 61-62 June 15, 2011 or postponing operations which emit air pollutants to the extent possible without causing injury to pe rsons or damage to equipment.

5. The use of motor vehicles is prohibited except in emergencies with the approval of local or state police.

PART B. - SOURCE CURTAILMENT

Any person responsible for the operation of a sour ce of air pollutants listed below shall take all required control actions for this Emergency Level t o include the following:

1. Coal or oil-fired electric power generating pla nts:

a. Maximum reduction by utilization of fuels havi ng lowest ash and sulfur content.

b. Maximum utilization of mid-day (12 noon to 4 p .m.) atmospheric turbulence for boiler lancing or soot blowing.

c. Maximum reduction by diverting electric power generation to plants outside of Emergency

Area.

2. Coal and oil-fired process steam generating pla nts:

a. Maximum reduction by reducing heat and steam d emands to absolute necessities consistent with preventing equipment damage.

b. Maximum utilization of mid-day (12 noon to 4 p .m.) atmospheric turbulence for boiler lancing and soot blowing.

c. Take the action called for in the emergency pl an.

3. Primary metals, petroleum refining, chemical, m ineral processing, grain, paper and allied products industries shall take the following control actions :

a. Elimination of air pollutants from manufacturi ng operations by ceasing, curtailing, postponing or deferring production and operations to the exten t possible without causing injury to persons or dam age to equipment.

b. Elimination of air pollutants from trade waste disposal processes which emit solid particles, gases, vapors, or malodorous substances.

c. Maximum reduction of heat load demands for pro cessing.

d. Maximum utilization of mid-day (12 noon to 4 p .m.) atmospheric turbulence for boiler lancing or soot blowing.

R. 61-62.3 History - South Carolina State Register : Vol. 9, Issue No. 5, (Doc. No. 457), May 24, 1985; Vol. 12, Issue No. 4, (Doc. No. 970), April 22, 19 88; Vol. 25, Issue No. 10, (Doc. No. 2648), October 26 , 2001;Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 87

General Amendments to R. 61-62 June 15, 2011 Vol. 35, Issue No. 5, (Doc. No. 4130), May 27, 201 1.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 88

General Amendments to R. 61-62 June 15, 2011 

# Clean Copy, R. 61-62.5, Standard 1Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 89

General Amendments to R. 61-62 June 15, 2011 SOUTH CAROLINA

DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL

AIR POLLUTION CONTROL REGULATIONS AND STANDARDS

REGULATION 61-62.5

AIR POLLUTION CONTROL STANDARDS

STANDARD NO. 1

EMISSIONS FROM FUEL BURNING OPERATIONS

SECTION I - VISIBLE EMISSIONS

A. Existing Sources

No one shall discharge to the ambient air from any existing source constructed prior to February 11, 1971, smoke which exceeds an opacity of forty ( 40) percent. The forty (40) percent opacity limit may be exceeded for soot blowing, but may not be exceed ed for more than six (6) minutes in a one hour peri od nor be exceeded for more than a total of twenty-fou r (24) minutes in a twenty-four (24) hour period. Emissions caused by soot blowing shall not exceed s ixty (60) percent.

B. New Sources

No one shall discharge to the ambient air from any source constructed on or after February 11, 1971, smoke which exceeds an opacity of twenty (20) percent. The twenty (20) percent opacity limit ma y be exceeded for soot blowing, but may not be exceed ed for more than six (6) minutes in a one hour peri od nor be exceeded for more than a total of twenty-fou r (24) minutes in a twenty-four (24) hour period. Emissions caused by soot blowing shall not exceed s ixty (60) percent.

C. Special Provisions

The opacity standards set forth above do not apply during startup or shutdown. Owners and operators shall, to the extent practicable, maintai n and operate any source including associated air pollution control equipment in a manner consistent with good air pollution control practices for minimizing emissions. In addition, the owner or ope rator of fuel burning sources except natural gas fi red units, shall maintain a log of the time, magnitude, durati on and any other pertinent information to determine periods of startup and shutdown and make available to the Department upon request.

D. Test Method

The method which is approved by the Department for determining compliance with opacity

limitations under this Section is EPA Reference Met hod 9 (40 CFR 60, Appendix A, as revised July 1, 1986). Alternate methods may be utilized only if ap proved in advance by the Department and by the Environmental Protection Agency.

SECTION II - PARTICULATE MATTER EMISSIONS

A. Allowable DischargeRevisions to the South Carolina Air Implementation Plan Text of Regulations – Page 90

General Amendments to R. 61-62 June 15, 2011 The allowable discharge of particulate matter resu lting from fuel burning operations shall be limited to the values obtained by use of Figure 1 a nd/or Part B. (For the purpose of determining heat input, total equipment capacity refers to total equ ipment capacity discharging through each stack. If a boiler has more than one (1) stack the total rated capacity will be the boiler rated capacity discharg ing to these stacks). Interpolation of Figure 1 for fuel b urning operations of 1300 million BTU per hour heat input and larger shall be accomplished by use of th e equation:

E = 57.84 P -0.637

where E = the allowable emission rate in pounds per million BTU heat input, and P = million BTU heat input per hour

B. Special Provisions

All fuel burning operations of 10 million BTU per hour heat input and smaller constructed prior to February 11, 1971 shall be allowed 0.8 pounds pe r million BTU input.

SECTION III - SULFUR DIOXIDE EMISSIONS

A. GeneralRevisions to the South Carolina Air Implementation Plan Text of Regulations – Page 91

General Amendments to R. 61-62 June 15, 2011 The maximum allowable discharge of sulfur dioxide (SO 2 ) from fuel burning operations shall be in accordance with a system of priorities as specif ied hereinafter in paragraph B. The classifications shall be delineated on a county basis. The maximum allowa ble discharge for the various classes is specified in paragraph C of this Section.

B. Classifications

1. The class into which a given county falls has been determined by mathematical atmospheric

diffusion models and other methods which evaluate t hose factors which necessitate limits on sulfur

dioxide emissions. These factors included but were not limited to: (1) total sulfur dioxide emissions; (2) spatial distribution of sulfur dioxide sources; (3) effects of single, large sources; (4) existing, me asured air quality; (5) topographical features of the county; (6) contributions to background levels due to sourc es outside the county being considered; (7) population density.

2. The assigned classifications will be reviewed perio dically at intervals not to exceed three years, and changes will be made as required. When a county is assigned to a more restrictive class, individua l compliance schedules will be established in such a way that reasonable time will be allowed for the sources to make necessary changes in equipment and/ or fuel contracts.

3. The following classifications are assigned:

Class I - Charleston County

Class II - Aiken County; Anderson County

Class III - All others

C. Allowable Discharges

Sulfur dioxide emissions from fuel burning sources located in various counties will not exceed the following limits:

1. Counties in Class I

Rated Source Size Maximum Allowable Emissions (lb SO 2 /million BTU input)

Up to and including 10 million

BTU/hr 3.5

Greater than 10 million BTU/hr 2.3

2. Counties in Class II

Rated Source Size Maximum Allowable Emissions (lb SO 2 /million BTU input)

Up to 1000 million BTU/hr 3.5Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 92

General Amendments to R. 61-62 June 15, 2011 1000 million BTU/hr and larger 2.3

3. Counties in Class III

Rated Source Size Maximum Allowable Emissions (lb SO 2 /million BTU input)

All 3.5

D. Special Provisions

If it can be demonstrated to the satisfaction of t he Board that ambient air standards will not be contravened by a source, alone or in combination wi th other sources, a greater allowance for sulfur dioxide discharges may be made on a case-by-case ba sis.

SECTION IV - OPACITY MONITORING REQUIREMENTS

A. Applicable Sources

1. Fossil Fuel Fired Boilers

The owner or operator of any fossil fuel-fired ste am generator of more than 250 million BTU per hour heat input capacity shall install, calibrate, operate, and maintain no later than June 14, 1978, continuous monitoring system(s) for the measurement of opacity which meets the performance specifications of Paragraph D of this Section excep t where:

a. Gaseous fuel is the only fuel burned;

b. Oil or a mixture of gas and oil are the only fuels burned and the steam generator is able to comply with the provisions of Sections I and II of this Standard without utilization of particulate matter collection equipment, and where the steam generator has never been found, through any administrative o r judicial proceedings, to be in violation of Section I of this Standard.

c. The steam generator operates with an annual average capacity factor of 30 percent or less, as reported to the Federal Power Commission f or calendar year 1974 or otherwise adequately demonstrated to the Department; and has not subsequ ently increased this factor to more than 30 percent

.

2. Woodwaste Boilers

The owner or operator of any woodwaste boiler, not equipped with a wet scrubber, will be required to install, calibrate, operate and maintai n continuous monitoring system(s) approved by this Department for the measurement of opacity, if it me ets one or more of the following criteria:

a. Any woodwaste boiler of at least 100 x 10 6 BTU/hr. rated heat input.

b. Any woodwaste boiler, regardless of size, that has been operating in non-compliance with any applicable state air pollution control reg ulations and standards.

If a boiler is fired on more than one fuel, the to tal capacity will determine the applicability of above requirements.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 93

General Amendments to R. 61-62 June 15, 2011 B. Continuous Opacity Monitor Reporting Requirement s

1. The owner or operator of any fossil fuel-fired steam generator subject to the provisions of Paragraph A of this Section shall submit a written Continuous Opacity Monitor report to the Department quarterly or more often if requested. All quarterly reports must be postmarked by the 30th day followi ng the end of each calendar quarter.

The report shall include the following minimum inf ormation:

a. All integrated six minute opacity measurements for periods during which the applicable provisions of Section I have been exceed ed, together with their nature and cause.

b. For periods of monitoring system malfunction:

(i) The date and time identifying each period du ring which the monitoring system was inoperative, except for zero and span checks.

(ii) The nature of monitoring system repairs or adjustments.

(iii) Proof of opacity monitoring system perform ance may be required by the Department whenever repairs or adjustments have bee n made.

c. Boiler system repairs or adjustments made to c orrect violations of the provisions of

Section I.

If no reportable incidents occur during a quarter, a report is also required indicating as such.

2. Alternative data reporting procedures may be al lowed if the owner or operator shows, to the satisfaction of the Department, that these procedur es are at least as accurate as those described.

3. The owner or operator shall maintain a file of all information contained in the quarterly reports, calibration data for the opacity monitoring system( s), relevant records of adjustments and maintenance performed on such system(s), and all other data gen erated by the continuous opacity monitoring system(s), for a minimum of two years from the date of submission of such reports or collection of suc h

data. The information contained on file must be mad e available for review by Department personnel upon

request.

C. Exemption from Reporting Requirements

A temporary exemption from the opacity monitoring and reporting requirements of this Section may be granted during any period of monitoring syst em(s) malfunction, provided the owner or operator shows, to the satisfaction of the Department, that the malfunction was unavoidable and is being repair ed as expeditiously as possible.

D. Equipment Performance Specifications

The continuous opacity monitoring system(s) requir ed by Paragraph A.1. of this Section (for fossil fuel fired steam generators) shall conform w ith the performance specifications set forth in 40 CFR,Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 94

General Amendments to R. 61-62 June 15, 2011 Part 60, Appendix B, Performance Specification 1 as revised July 1, 1986 which is incorporated by reference as a part of this Standard except that wh ere the term “Administrator” is used the term “Department” shall be substituted. In addition, the opacity monitoring system(s) shall complete a minimum of one cycle of operation for each successi ve 10-second period; be installed such that representative measurements of opacity from the aff ected steam generator are obtained; and have an instrument span of approximately 80 percent opacity

.

The owner or operator shall record the zero and sp an drift in accordance with method prescribed by the manufacturer of such opacity monitoring syst em(s); subject the system(s) to the manufacturer’s recommended zero and span check at least once daily unless the manufacturer has recommended adjustments at shorter intervals, in which case suc h recommendations shall be followed; adjust the zer o and span whenever the 24-hour zero drift or 24-hour calibration drift limits of 40 CFR, Part 60, Appen dix B, Performance Specification 1 as revised July 1, 1 986 are exceeded; adjust the opacity monitoring system(s) purchased prior to September 11, 1974, wh enever the 24-hour zero drift or 24-hour calibratio n drift exceeds 4 percent opacity for those generator s constructed prior to February 11, 1971 and 2 perc ent opacity for those generators constructed after Febr uary 11, 1971.

The monitoring systems must be approved by this ag ency prior to installation.

E. Monitor Location

When the effluents from two or more affected steam generators of similar design and operating

characteristics are combined before released to the atmosphere, the opacity monitoring system(s) shall be

installed on the combined effluent. When the affect ed steam generators are not of similar design and operating characteristics, or when the effluent fro m one affected steam generator is released to the atmosphere through more than one point, the owner o r operator shall apply for an alternate procedure t o comply with the requirements of this Section.

F. Exemptions from Monitoring Requirements

Whenever the requirements for continuous opacity m onitoring cannot be implemented by the owner or operator due to physical plant limitations , extreme economic burden, or infrequent steam generator operation of less than 30 days per year, or when the specified monitoring procedure would no t provide accurate opacity determinations, alternate monitoring and reporting requirements may be approved on a case by case basis provided the owner or operator submits a written request to the Department which includes, but is not limited to:

1. The basis or reason(s) that alternate requireme nts are necessary;

2. A proposal of the alternate monitoring and repo rting requirements; and,

3. Any other information needed by the Department to make a determination that the alternate requirements are adequate to meet the intent of thi s Section.

SECTION V - EXEMPTIONS

The following sources shall be exempt from the pro visions of this standard:

A. Residences of four families or less.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 95

General Amendments to R. 61-62 June 15, 2011 B. Ocean-going vessels actually engaged in the physica l process of national or international trade or

defense.

SECTION VI - PERIODIC TESTING

An owner or operator of any source listed below sh all ensure that scheduled periodic tests for particulate matter emissions are conducted every tw o years or as required by permit conditions and are performed in accordance with the provisions of R.61-62.1, Sec tion IV, Source Tests. An owner or operator shall demonstrate compliance with sulfur d ioxide emissions by source testing, continuous monitoring, or fuel analysis as required by permit conditions.

A. Oil-fired boilers greater than 250 x 10 6 BTU/hr. rated input.

B. Coal-fired boilers greater than 50 x 10 6 BTU/hr. rated input.

C. Woodwaste, or combination woodwaste boilers greater than 20 x10 6 BTU/hr. rated input.

SECTION VII - [RESERVED]

R. 61-62.5, Standard No. 1 History - South Carolina State Register : Vol. 7, Issue No. 2, (Doc. No. ?), February 25, 19 83; Vol. 9, Issue No. 5, (Doc. No. 457), May 24, 1985; Vol. 13, Issue No. 2, (Doc. No. 868), February 24, 1989; Vol. 12, Issue No. 4, (Doc. No. 970), April 22, 19 88; Vol. 22, Issue No. 6, (Doc. No. 2244), June 26, 19 98; Vol. 25, Issue No. 10, (Doc. No. 2648), October 26 , 2001; Vol. 35, Issue No. 5, (Doc. No. 4130), May 27, 201 1.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 96

General Amendments to R. 61-62 June 15, 2011 

# Clean Copy, R. 61-62.5, Standard 2Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 97

General Amendments to R. 61-62 June 15, 2011 SOUTH CAROLINA

DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL

AIR POLLUTION CONTROL REGULATIONS AND STANDARDS

REGULATION 61-62.5

AIR POLLUTION CONTROL STANDARDS

STANDARD NO. 2 AMBIENT AIR QUALITY STANDARDS

The following table constitutes the ambient air qu ality standards for the State of South Carolina. The analytical methods to be used will be those app licable Federal Reference Methods published in 40 CFR 50, Appendices A-N as revised July 18, 1997. In the case of fluorides either the double paper tape sampler methods (ASTM D-3266-79) or the sodium bica rbonate-coated glass tube and particulate filter method (ASTM D3268-78) may be used.

Pollutant Measuring Interval Micrograms Per Cubic Meter

Unless Noted Otherwise (1) (2)

Sulfur Dioxide 3 hours

24 hours

annual 1300 (4)

365 (4)

80

PM 10 24 hours

annual 150 (3)

50 (3)

PM 2.5 (Primary and Secondary Standards) 24 hours

annual 35 (3)

15 (3)

Carbon Monoxide 1 hour

8 hour 40 mg per cubic meter (4)
10 mg per cubic meter (4)

Ozone 8 hours

8 hours 0.08 ppm (3) (5)

0.075 ppm (3)

Gaseous Fluorides (as HF) 12 hr. avg. 24 hr. avg. 1 wk. avg. 1 mo. avg. 3.7

2.9

1.6

0.8

Nitrogen Dioxide annual 100

Lead Rolling 3-month Average (6) 0.15

(1) Arithmetic Average except in case of total suspend ed particulate matter

(2) At 25 0 C and 760 mm Hg.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 98

General Amendments to R. 61-62 June 15, 2011

(3) Attainment determinations will be made based on th e criteria contained in 40 CFR 50 Appendices H, I, K and N.

(4) Not to be exceeded more than once a year.

(5) The 1997 standard – and the implementation rules f or that standard – will remain in place for implementation purposes as EPA undertakes rulemakin g to address transition from the 1997 ozone

standard to the 2008 ozone standard.

(6) Detailed explanation of the rolling 3-month averag e calculation can be found in 40 CFR 50.16

R. 61-62.5, Standard No. 2 History - South Carolina State Register : Vol. 9, Issue No. 5, (Doc. No. 457), May 24, 1985; Vol. 12, Issue No. 4, (Doc. No. 970), April 22, 19 88; Vol. 13, Issue No. 2, (Doc. No. 868), February 24, 1989; Vol. 28, Issue No. 9, (Doc. No. 2912), September 2 4, 2004; Vol. 32, Issue No. 10, (Doc. No. 3224), October 24 , 2008; Vol. 33, Issue No. 10, (Doc. No. 4082), October 23 , 2009; Vol. 35, Issue No. 5, (Doc. No. 4130), May 27, 201 1.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 99

General Amendments to R. 61-62 June 15, 2011 

# Clean Copy, R. 61-62.5, Standard 4Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 100

General Amendments to R. 61-62 June 15, 2011 SOUTH CAROLINA

DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL

AIR POLLUTION CONTROL REGULATIONS AND STANDARDS

REGULATION 61-62.5

AIR POLLUTION CONTROL STANDARDS

STANDARD NO. 4

EMISSIONS FROM PROCESS INDUSTRIES

SECTION I - GENERAL

A. The method which is approved by the Department f or determining compliance with opacity limitations under this Standard is EPA Reference Method 9 (40 C FR 60, Appendix A, as revised July 1, 1984). Alternate methods may be utilized only if approved in advance by the Department and by the Environmental Protection Agency.

B. This standard will not supersede any requirement s imposed by Federal New Source Performance Standards, National Emission Standards for Hazardou s Air Pollutants, Federal or State Prevention of Significant Deterioration Regulations, nor special permit conditions, unless this Standard would impos e a more restrictive emission limit.

SECTION II - SULFURIC ACID MANUFACTURING

A. The rate of emission of sulfur dioxide from sulf uric acid manufacturing shall be limited to no more than 4 pounds of sulfur dioxide per ton of 100% sul furic acid produced and emissions of acid mist to 0 .5 pounds of sulfuric acid per ton of 100% acid produc ed.

B. The maximum allowable stack outlet opacity from any source under this category is 20%.

SECTION III - KRAFT PULP AND PAPER MANUFACTURING

The rate of emissions from kraft pulp and paper ma nufacturing shall be limited to the following:

Maximum allowable Stack Opacity Maximum allowable emissions of particulate matter in pounds/equivalent ton of air dried, unbleached pulp produced

Recovery Furnace 40% 2.75

Dissolving Tank 20% 1.0

Lime Kiln 20% 1.0

SECTION IV - ReservedRevisions to the South Carolina Air Implementation Plan Text of Regulations – Page 101

General Amendments to R. 61-62 June 15, 2011 SECTION V - COTTON GINS

A. Definitions

1. 1D-3D cyclone – Any cyclone-type collector of t he 1D-3D configuration. This designation refers to the ratio of the cylinder to cone length, where D is the diameter of the cylinde r portion. A 1D-3D cyclone has a cylinder length of 1 xD and a cone length of 3xD.

2. 2D-2D cyclone – Any cyclone-type collector of t he 2D-2D configuration. This designation refers to the ratio of the cylinder to cone length, where D is the diameter of the cylinde r portion. A 2D-2D cyclone has a cylinder length of 2 xD and a cone length of 2xD.

3. Bale – A compressed package of cotton lint weig hing nominally 500 lbs.

4. Gin Yard - the land upon which a cotton gin is located and all contiguous land having common ownership or use.

5. Ginning operation – Any facility or plant that separates cotton lint from cotton seed. This process typically includes cleaning (removing plant material, dirt and other foreign matter) and packa ging

the lint into bales.

6. Ginning season – The period of time during whic h the gin is in operation; usually between (but not limited to) September of the curre nt year and January of the following year.

7. High pressure exhausts – The exhaust air system s at a cotton gin preceding the gin stand (including unloading, drying, extracting, cleaning, and overflow handling systems) in which material i s conveyed by a higher pressure air and is typically controlled by cyclones.

8. Low pressure exhausts – The exhausts air system s at a cotton gin following the gin stand (including lint cotton cleaning and battery formati on process) in which material is conveyed by low pressure air and is typically controlled by condens ers.

9. Removal efficiency – Percent of total particula te matter removed from the gas stream between a cyclone’s inlet and outlet.

B. Applicability

1. This rule applies to all existing, new, and mod ified cotton ginning operations in South Carolina. These facilities will be subject to regis tration permit conditions as specified in SC Regula tion 61-62.1 Section II(I).

2. Existing facilities with a maximum gin stand ra ted capacity (or documented equipment limitation) of less than twenty (20) bales per hour that do not have cyclones on lint cleaning system exhausts and battery condenser exhausts as of promu lgation date of this rule, will not be required to add the emission control devices in Paragraph (C)(2) to lint cleaning exhausts or battery condenser exhaus ts if emissions from these exhausts are controlled by fin e mesh screens.

C. Emission Control RequirementsRevisions to the South Carolina Air Implementation Plan Text of Regulations – Page 102

General Amendments to R. 61-62 June 15, 2011 1. New facilities will be required to apply for a registration permit before commencement of construction. Existing facilities will be required to apply for a registration permit within 90 days o f the promulgation date of this rule. Until such time th at a registration permit is issued by the Departmen t, existing cotton ginning operations should operate w ith existing permits.

2. Each cotton ginning operation shall install and operate a particulate emission control system on all high and low pressure exhausts and li nt cleaning system exhausts that includes one or mo re 1D-3D or 2D-2D cyclones meeting the cylinder diamet er requirements to produce a 3.5 to 6.0 or 3.0 to 5.5 inches of water pressure drop (respectively) as illustrated in Figure 6-20 and 6-21 of the Agricul tural Handbook Number 503, Cotton Ginners Handbook , dated December 1994. Exiting facilities shall com ply with these control equipment requirements by August 31, 2012.

3. Air pollutant emissions shall not exceed 20 per cent opacity.

4. Stacks shall not be equipped with raincaps or o ther devices that deflect the emissions

downward or outward.

5. Trash stacker areas shall contain one of the fo llowing:

a. A three sided enclosure with a roof whose sides are high enough above the opening of the dumping device to prevent wind from dispersing dust or debris; or

b

. A device to provide wet suppression at the dump are a of the trash cyclone and minimize free fall distance of waste material exiting the trash c yclone.

6. The owner or operator shall ensure that all tru cks transporting gin trash material are covered and that the trucks are cleaned of over-spi ll material before trucks leave the trash hopper du mp

area.

7. Reasonable precautions should be taken when ope rating or maintaining storage piles, materials, equipment, or vehicles in order to preve nt any substance from being scattered by the wind o r air in order to prevent fugitive dust emissions in accordance with SC Regulation 61-62.6, Section II.

D. Alternative Control Measures

The owner or operator of a cotton ginning operatio n may petition the Department to use alternative control measures to those specified in this rule. The petition shall include:

1. The name and address of the petitioner;

2. The location and description of the cotton ginn ing operation;

3. A description of the alternative control measur e; and

4. A demonstration that the alternative control me asure is at least as effective as the control device or method specified in this rule.

5. Once approved, repairs and maintenance of such devices will not require notification to the Department.

E. MonitoringRevisions to the South Carolina Air Implementation Plan Text of Regulations – Page 103

General Amendments to R. 61-62 June 15, 2011 1. To ensure that the minimum required removal eff iciency is maintained, the owner or operator shall establish, based on manufacturers re commendations or industry standards, an inspection and maintenance schedule for the control devices, o ther emission processing equipment, and monitoring devices that are used pursuant to this rule. The in spection and maintenance schedule shall be followed throughout the ginning season. The results of the i nspections and any maintenance performed on the control equipment, emission processing equipment, o r monitoring devices shall be documented in an onsite log book and made available to the Department upon request. The owner or operator should keep a copy of the manufacturer’s specifications for each type of control device installed.

2. On a weekly basis, the owner or operator shall measure and calculate the pressure drops across all cyclones. Measurements shall be made usi ng a manometer, a Magnahelic® gauge, or other device that the Department has approved as being eq uivalent to a manometer. These measurements should be recorded in the log book referred to in ( E)(1). If the owner or operator measures a static pressure out of the range indicated in (C)(2) of th is regulation, the owner or operator shall initiate

corrective action. Corrective action shall be recor ded in the logbook. If corrective action will take more than 48 hours to complete, the owner or operator sh all notify the Department no later than the end of the day such static pressure is measured.

3. During the ginning season, the owner or operato r shall weekly inspect for structural integrity of the control devices and other emission s processing systems and shall ensure that the cont rol devices and emission processing systems conform to normal and proper operation of the gin. Fine mesh screens should be inspected daily throughout the gi nning season and any clogs should be removed. If a problem is found, corrective action shall be taken and recorded in the logbook required in (E)(1) of t his

rule.

4. If control devices are repaired or replaced wit h equivalent control equipment, the facility must maintain on-site documentation showing complia nce with the conditions specified in Section V (C) or previously allowed for under Section V (D).

5. The owner or operator shall retain all records required by this rule for three (3) years from the date of recording.

SECTION VI - HOT MIX ASPHALT MANUFACTURING

A. The rate of emissions of particulate matter from hot mix asphalt manufacturing shall be limited to the following:

Production Rate

(Tons Per Hour) Maximum Allowable Emission Rate (Pounds Per Hour)

20 22

50 31

100 38

150 45

200 51Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 104

General Amendments to R. 61-62 June 15, 2011 Production Rate

(Tons Per Hour) Maximum Allowable Emission Rate (Pounds Per Hour)

250 56

300 61

350 and above 65

B. All hot mix asphalt plants shall be equipped wit h a fugitive dust and/or fugitive emissions control system which shall be operated and maintained in su ch a manner as to reduce to a minimum the emissions of particulate matter from any point other than the stack outlet.

C. The maximum allowable stack opacity from hot mix asphalt manufacturing shall be 20%.

SECTION VII - METAL REFINING

The maximum allowable opacity from any furnace bui lding and/or operations building (including but not limited to pollution control systems, louve rs, doors, openings, etc.) shall be 20%.

SECTION VIII - OTHER MANUFACTURING

A. Particulate matter emissions where not specified elsewhere shall be limited to the rate specified i n Table A (modified using the effect factors (F) of T able B as required).

B. Interpolation of the data in this table for proc ess weights up to 30 tons per hour shall be accompl ished by use of the equation:

E = (F) 4.10 P 0.67

and interpolation and extrapolation of the data for process weight rates greater than 30 tons per hour shall be accomplished by using the equation:

E = (F) (55.0 P 0.11 - 40)

Where: E = the allowable emission rate in pounds p er hour, P = process weight rate in tons per hour.

F = effect factor from Table B.

TABLE A

ALLOWABLE RATE OF EMISSION BASED ON PROCESS WEIGHT RATE *

Process Weight Rate (Tons/Hour) Rate of Emission (Pounds/Hour) Process Weight Rate (Tons/Hour) Rate of Emission (Pounds/Hour)

0.05 0.551 8 16.5

0.10 0.877 9 17.9

0.20 1.40 10 19.2Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 105

General Amendments to R. 61-62 June 15, 2011 Process Weight Rate (Tons/Hour) Rate of Emission (Pounds/Hour) Process Weight Rate (Tons/Hour) Rate of Emission (Pounds/Hour)

0.30 1.83 15 25.2

0.40 2.22 20 30.5

0.50 2.58 25 35.4

0.75 3.38 30 40.0

1.00 4.10 35 41.3

1.25 4.75 40 42.5

1.50 5.38 45 43.6

1.75 5.96 50 44.6

2.00 6.52 60 46.3

2.50 7.58 70 47.8

3.00 8.56 80 49.0

3.50 9.49 100 51.2

4.00 10.4 500 69.0

4.50 11.2 1000 77.6

5.00 12.0 3000 92.7

* Please note that certain small operations may not require a permit (see exemptions under Regulation 62.1, Section II).

TABLE B

EFFECT FACTOR FOR PARTICULATE MATTER EMISSIONS ** (TO BE USED WITH STANDARD 4 - SECTION VIII)

Material Effect Factor (F)

a. All materials not specifically listed herein 1.0

b. Elements and their compounds on basis of the ele ment

contained therein*** none assigned

c. Specific Materials

Acid Mists 0.25

** The Board will make additions to this table as required from time to time to preserve public health and property in South Carolina. *** When a material contains two or more elements, the effect factor of the element having the lower effect factor shall apply.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 106

General Amendments to R. 61-62 June 15, 2011 SECTION IX - VISIBLE EMISSIONS (WHERE NOT SPECIFIED ELSEWHERE)

A. Where construction or modification began on or b efore December 31, 1985, emissions (including fugitive emissions) shall not exhibit an opacity gr eater than 40%.

B. Where construction or modification began after D ecember 31, 1985, emissions (including fugitive emissions) shall not exhibit an opacity greater tha n 20%.

SECTION X - NON-ENCLOSED OPERATIONS

A. All non-enclosed operations shall be conducted i n such a manner that a minimum of particulate matte r becomes airborne. In no case shall established ambi ent air quality standards be exceeded at or beyond the property line.

B. The owner or operator of all such operations sha ll maintain dust control of the premises and any roadway owned or controlled by the owner or operato r by paving, or other suitable measures. Oil treatment is prohibited.

C. All crushing, drying, classification and like op erations shall employ a suitable control device acceptable to the Department, and shall discharge n o more particulate matter than that specified in Se ction

VIII of this Standard.

SECTION XI - TOTAL REDUCED SULFUR EMISSIONS OF KRAF T PULP MILLS

A. Applicability and Designation of Affected Source s

1. The provisions of this subpart are applicable t o the following affected sources in kraft pulp mills which commenced construction prior to Septemb er 24, 1976: digester system, brown stock washer system, multiple-effect evaporator system, black li quor oxidation system, recovery furnace, smelt dissolving tank, lime kiln, and condensate stripper system.

2. The effective date of this section is February 22, 1980.

B. Total Reduced Sulfur Emission Standards

The rate of total reduced sulfur emissions from ex isting kraft pulp mills shall be limited to the following:

Maximum allowable emission of TRS as H 2 S by dry volume, averaged over 12 hours

Recovery Furnace Cross Recovery furnaces Old Design Furnaces 1
New Design Furnaces 2 25 ppm (corrected to 8% oxygen) 20 ppm (corrected to 8% oxygen) 5 ppm (corrected to 8% oxygen)

Digester System 5 ppm

Multiple-Effect Evaporator System 5 ppmRevisions to the South Carolina Air Implementation Plan Text of Regulations – Page 107

General Amendments to R. 61-62 June 15, 2011 Maximum allowable emission of TRS as H 2 S by dry volume, averaged over 12 hours

Lime Kiln 20 ppm (corrected to 10% oxygen)

Brown Stock Washer system no control

Black Liquor Oxidation System no control

Condensate Stripper System 5 ppm

Smelt Dissolving Tank 0.016 g/kg BLS 3

1 old design furnaces are defined as furnaces withou t welded wall or membrane wall construction or emission-control designed air systems.

2 New design furnaces are defined as furnaces with e ither welded wall or membrane wall construction and also with emission-control designe d air systems.

3 Black liquor solids (dry weights).

C. Case-by-Case Exceptions to Provisions of Part B.

1. If the owner or operator of a source of total r educed sulfur compounds regulated by this standard can demonstrate that compliance with appli cable portions of Part B would not be economically feasible, the Department may, on a case-by-case bas is, allow emission limitations less stringent than those required by applicable parts of Part B.

All data pertinent to the showing of economic infe asibility must accompany a petition for this relief, and shall include a present value analysis showing economic infeasibility.

2. Exceptions granted under this part are not effe ctive until submitted to and approved by the

Administrator of the United States Environmental Pr otection Agency as a revision of the Implementation Plan for Control of Designated Pollutants, pursuant to Section 111(d) of the Clean Air Act as amended

November 1990.

D. Monitoring, Recordkeeping and Reporting

1. The owner/operator shall:

a. calibrate, maintain and operate continuous mon itoring equipment to monitor and record the concentration of TRS emissions on a dry basis and the percent of oxygen by volume on a dry basis in the gases discharged into the atmosphere f rom any lime kiln, recovery furnace, digester syste m, multiple- effect evaporator system, or condensate s tripper system, except where these gases are subjec ted to a minimum temperature of 1200 0 F for at least 0.5 seconds in an incinerator or ot her device which does not generate TRS. The location of each monitoring s ystem must be approved by this Department.

b. install, calibrate, maintain, and operate a mo nitoring device which measures the combustion temperature at the point of incineration of effluent gases which are emitted from any lime kiln, recovery furnace, digester system, multiple-e ffect evaporator system, or condensate stripper sys tem unless TRS monitors are required in paragraph a. Th e monitoring device is to be certified by the

manufacturer to be accurate within + 1 percent of the temperature being measured.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 108

General Amendments to R. 61-62 June 15, 2011 c. calibrate, maintain and operate continuous mon itoring equipment for any smelt dissolving tank,

(i) for the continuous measurement of the pressu re loss of the gas stream through the control equipment. The monitoring device is to be certified by the manufacturer to be accurate to within a gauge pressure of + 2 inches water;

(ii) for the continuous measurement of the scrub bing liquid supply pressure to the control equipment. The monitoring device is to be c ertified by the manufacturer to be accurate within + 15 percent of design scrubbing liquid supply pressu re. The pressure sensor or tap is to be located clo se to the scrubber liquid discharge point. The Department may be consulted for approval of alternative locations;

Continuously monitored operating and/or stack para meters may be used as substitutes for TRS monitors provided that it is demonstrated to the sa tisfaction of this Department that a correlation ex ists between the monitored parameter and TRS concentrati on and the other requirements in paragraph D.1. are

fulfilled.

Alternative equivalent methods of monitoring must be approved by this Department and EPA.

2. Any owner or operator subject to the provisions of this SECTION shall:

a. calculate and record on a daily basis 12-hour average TRS concentrations for the two consecutive periods of each operating day. Each 12- hour average shall be determined as the arithmetic mean of the appropriate 12 contiguous 1-hour averag e total reduced sulfur concentrations provided by each continuous monitoring system installed under p aragraph D.1.a.;

b. calculate and record on a daily basis 12-hour average oxygen concentrations for the two consecutive periods of each operating day for t he recovery furnace and lime kiln. These 12-hour averages shall correspond to the 12-hour average TR S concentrations under paragraph D.2.a. and shall b e determined as an arithmetic mean of the appropriate 12 contiguous 1-hour average oxygen concentrations provided by each continuous monitoring system insta lled under paragraph D.1.a.;

c. correct all 12-hour average TRS concentrations to 10 volume percent oxygen, except that all 12-hour average TRS concentrations from a recovery furnace shall be corrected to 8 volume percent using the following equation:

C

corr = C

uncorr x (21-X/21-Y)

where: C

corr = the concentration corrected for oxygen.

C

uncorr = the concentration uncorrected for oxygen. X = the volumetric oxygen concentration percen tage to be corrected to (8 percent for recovery furnaces and 10 percent for lime kilns, incinerators, or ot her devices). Y = the measured 12-hour average volumetric oxygen concentration.

3. Each owner or operator required to install a co ntinuous monitoring system shall submit a written report of excess emissions (as defined in a pplicable subparts) to the Department for every calendar quarter unless specified on a more frequen t cycle by the Department. All quarterly reports sh allRevisions to the South Carolina Air Implementation Plan Text of Regulations – Page 109

General Amendments to R. 61-62 June 15, 2011 be postmarked by the 30th day following the end of each calendar quarter and shall include the followi ng information:

a. for emissions from any recovery furnace, perio ds of excess emissions are all 12-hour average TRS concentrations above 20 ppm by volume f or old design recovery furnaces, 5 ppm by volume for new design recovery furnaces and above 25 ppm b y volume for cross recovery furnaces;

b. for emissions from any lime kiln, periods of e xcess emissions are all 12-hour average TRS concentrations above 20 ppm by volume;

c. for emissions from any digester system, multip le-effect evaporator system, or condensate stripper system periods of excess emissi ons are:

(i) all 12-hour average TRS concentrations above 5 ppm by volume unless the provisions of D(1)(a) apply; or

(ii) all periods in excess of 5 minutes and thei r duration during which the combustion temperature is less than 1200 0 F if the gases are combusted in an incinerator or other device which does not generate TRS.

4. The Department will consider periods of excess emissions reported under Subpart D.3. of this

section to be indicative of a violation if:

a. the number of 12 hour exceedances from recover y furnaces is greater than 1% of the total number of contiguous 12 hour periods in a qua rter (excluding periods of startup, shutdown, or malfunction and periods when the recovery furnace i s not operating).

b. the number of 12 hour exceedances from lime ki lns is greater than 2% of the total number of contiguous 12 hour periods in a quarter ( excluding periods of startup, shutdown, or malfunction and periods when the lime kiln is not o perating).

c. the number of 12 hour exceedances from inciner ators is greater than 2% of the total number of contiguous periods in a quarter (excludin g periods of startup, shutdown, or malfunction and periods when the incinerator is not operating).

d. the Department determines that the affected eq uipment, including air pollution control equipment, is not maintained and operated in a mann er which is consistent with good air pollution cont rol practice for minimizing emissions during periods of excess emissions.

SECTION XII - PERIODIC TESTING

A. Particulate Matter Emissions and/or Sulfur Dioxi de (SO 2 )

An owner or operator of a source listed below shal l perform scheduled periodic tests for particulate matter emissions and/or sulfur dioxide every two years except as noted, or on a schedule a s stipulated by special permit conditions, and shall ensure that source tests are conducted in accordanc e with R.61-62.1, Section IV, Source Tests.

1. Recovery furnaces and lime kilns of pulp and pa per mills. Smelt tank vents will be required to be tested every four years.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 110

General Amendments to R. 61-62 June 15, 2011 2. Rotary kilns, clinker coolers, and rotary dryer s of Portland Cement plants.

3. Sulfuric acid plants.

4. Metallurgical furnaces greater than 10 tons/hr. normal output.

5. Asphalt plants. Asphalt plants that have a bagh ouse operating in a satisfactory manner with sufficiently low visible emissions may be exempted at the discretion of the Department. Asphalt plants will be required to produce “surface mix” during co mpliance source testing. “Surface mix” is hot laid asphaltic concrete surface courses (except sand asp halt surface mix) as defined in Section 403 of the 1986 edition of the South Carolina State Highway Departm ent’s “Standard Specifications for Highway Construction” manual. The Department may, at its di scretion, waive this requirement if sufficient evidence indicates that less than 25% of the plant’ s total annual production is surface mix.

6. Fertilizer plants.

7. Any other sources which are deemed necessary.

B. Total Reduced Sulfur (TRS)

An owner or operator of a source which must comply with Section XI must perform scheduled periodic tests for TRS every two years or on a sche dule as stipulated by special permit conditions and

shall ensure that source tests are conducted in acc ordance with R.61-62.1, Section IV, Source Tests un less they are subject to TRS continuous monitoring equip ment as specified in Section XI(D)(1)(a) of this regulation.

SECTION XIII - [RESERVED]

R. 61-62.5, Standard No. 4 History - South Carolina State Register : Vol. 7, Issue No. 2, (Doc. No. ?), February 25, 19 83; Vol. 7, Issue No. 6, (Doc. No. 314), June 24, 1983 ; Vol. 9, Issue No. 5, (Doc. No. 457), May 24, 1985; Vol. 13, Issue No. 2, (Doc. No. 868), February 24, 1989; Vol. 12, Issue No. 4, (Doc. No. 970), April 22, 19 88; Vol. 22, Issue 6, (Doc. No. 2244), June 26, 1998; Vol. 25, Issue No. 10, (Doc. No. 2648), October 26 , 2001; Vol. 31, Issue No. 5, (Doc. No. 3069), May 25, 200 7; Vol. 35, Issue No. 5, (Doc. No. 4130), May 27, 201 1.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 111

General Amendments to R. 61-62 June 15, 2011 

# Clean Copy, R. 61-62.5, Standard 6Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 112

General Amendments to R. 61-62 June 15, 2011 SOUTH CAROLINA

DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL

AIR POLLUTION CONTROL REGULATIONS AND STANDARDS

REGULATION 61-62.5

AIR POLLUTION CONTROL STANDARDS

STANDARD NO. 6

Reserved

R. 61-62.5, Standard No. 6 History - South Carolina State Register : Vol. 9, Issue No. 5, (Doc. No. 457), May 24, 1985; Vol. 12, Issue No. 4, (Doc. No. 970), April 22, 19 88; Vol. 25, Issue No. 10, (Doc. No. 2648), October 26 , 2001; Vol. 35, Issue No. 5, (Doc No. 4130), May 27, 2011

.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 113

General Amendments to R. 61-62 June 15, 2011 

# Clean Copy, R. 61-62.5, Standard 7Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 114

General Amendments to R. 61-62 June 15, 2011 SOUTH CAROLINA

DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL

AIR POLLUTION CONTROL REGULATIONS AND STANDARDS

REGULATION 61-62.5

AIR POLLUTION CONTROL STANDARDS

STANDARD NO. 7

PREVENTION OF SIGNIFICANT DETERIORATION

(a)(1) Reserved.

(2) Applicability procedures.

(i) The requirements of this regulation apply to the construction of any new major stationary source (as defined in paragraph (b)(32)) or any project at an existing major stationary sou rce in an area designated as attainment or unclassifiable under 40 CFR 81.341.

(ii) The requirements of paragraphs (j) through ( r) apply to the construction of any new major stationary source or the major modification o f any existing major stationary source, except as t his section otherwise provides.

(iii) No new major stationary source or major mod ification to which the requirements of paragraphs (j) through (r)(5) apply shall begin act ual construction without a permit that states that the major stationary source or major modification will meet those requirements. The Department has authority to issue any such permit.

(iv) The requirements of the program will be appl ied in accordance with the principles set out in paragraphs (a)(2)(iv)(a) through (f).

(a) Except as otherwise provided in paragraphs ( a)(2)(v) and (vi), and consistent with the definition of major modification contained in paragraph (b)(30), a project is a major modific ation for a regulated New Source Review (NSR) pollutant i f it causes two types of emissions increases – a significant emissions increase (as defined in parag raph (b)(50)), and a significant net emissions incr ease (as defined in paragraphs (b)(34) and (b)(49)). The project is not a major modification if it does not cause a significant emissions increase. If the project ca uses a significant emissions increase, then the pro ject is a major modification only if it also results in a sig nificant net emissions increase.

(b) The procedure for calculating (before beginn ing actual construction) whether a significant emissions increase ( i.e. , the first step of the process) will occur depends upon the type of emissions units being modified, according to paragr aphs (a)(2)(iv)(c) through (f). The procedure for calculating (before beginning actual construction) whether a significant net emissions increase will o ccur at the major stationary source ( i.e. , the second step of the process) is contained in t he definition in paragraph (b)(34). Regardless of any such preconstr uction projections, a major modification results if the project causes a significant emissions increase and a significant net emissions increase.

(c) Actual-to-projected-actual applicability test for p rojects that only involve existing emissions units. A significant emissions increase of a regulated NS R pollutant is projected to occur if the sum of the difference between the proj ected actual emissions (as defined in paragraph (b) (41))Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 115

General Amendments to R. 61-62 June 15, 2011 and the baseline actual emissions (as defined in pa ragraphs (b)(4)(i) and (ii)), for each existing emi ssions unit, equals or exceeds the significant amount for that pollutant (as defined in paragraph (b)(49)).

(d) Actual-to-potential test for projects that only inv olve construction of a new emissions unit(s). A significant emissions increase of a regulated NS R pollutant is projected to occur if the sum of the difference between the pote ntial to emit (as defined in paragraph (b)(37)) fro m each new emissions unit following completion of the project and the baseline actual emissions (as defi ned in paragraph (b) (4)(iii)) of these units before th e project equals or exceeds the significant amount for that pollutant (as defined in paragraph (b)(49)).

(e) [Reserved]

(f) Hybrid test for projects that involve multiple type s of emissions units. A significant emissions increase of a regulated NSR p ollutant is projected to occur if the sum of the emissions increases for each emissions unit, using the method specified in paragraphs (a)(2)(iv)(c) an d (d) as applicable with respect to each emissions unit, equals or exceeds, the significant amount for that pollutant (as defined in paragraph (b)(49)).

(v) For any major stationary source for a Plantwi de Applicability Limitation (PAL) for a regulated NSR pollutant, the major stationary sourc e shall comply with the requirements under paragrap h (aa).

(b) Definitions.

For the purposes of this regulation:

(1)(i) “Actual emissions” means the actual rate of emissions of a regulated N SR pollutant from an emissions unit, as determined in accordance with paragraphs (b)(1)(ii) through (iv), except that th is definitions shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a PAL under paragraph (aa). Instead, p aragraphs (b)(41) and (b)(4) shall apply for those

purposes.

(ii) In general, actual emissions as of a partic ular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during a consecutive 24-month period which precedes the particular date and which is representative of normal source operation. The Department shall allow the use of a different time period upon a determination that it is more representative of normal source operation. Actual e missions shall be calculated using the unit's actua l operating hours, production rates, and types of mat erials processed, stored, or combusted during the selected time period.

(iii) The Department may presume that source-spe cific allowable emissions for the unit are equivalent to the actual emissions of the unit.

(iv) For any emissions unit that has not begun n ormal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date.

(2) “Adverse impact on visibility” means visibility impairment which interferes with t he management, protection, preservation or enjoyment o f the visitor's visual experience of the Federal Cl ass I area. This determination must be made on a case-b y-case basis taking into account the geographic extent, intensity, duration, frequency and time of visibility impairment, and how these factors correl ateRevisions to the South Carolina Air Implementation Plan Text of Regulations – Page 116

General Amendments to R. 61-62 June 15, 2011 with (1) times of visitor use of the Federal Class I area, and (2) the frequency and timing of natural conditions that reduce visibility.

(3)“ Allowable emissions” means the emissions rate of a stationary source cal culated using the maximum rated capacity of the source (unless the so urce is subject to federally enforceable limits whi ch restrict the operating rate, or hours of operation, or both) and the most stringent of the following:

(i) The applicable standards as set forth in 40 C FR 60 and 61;

(ii) The applicable State Implementation Plan emi ssions limitation, including those with a future compliance date; or

(iii) The emissions rate specified as a federally enforceable permit condition, including those with a future compliance date.

(4) “Baseline actual emissions” means the rate of emissions, in tons per year, of a regulated NSR pollutant, as determined in accordance with paragra phs (b)(4)(i) through (iv).

(i) For any existing electric utility steam gener ating unit, baseline actual emissions means the average rate, in tons per year, at which the unit a ctually emitted the pollutant during any consecutiv e 24- month period selected by the owner or operator with in the 5-year period immediately preceding when the owner or operator begins actual construction of the project. The Department shall allow the use of a different time period upon a determination that it is more representative of normal source operation.

(a) The average rate shall include fugitive emis sions to the extent quantifiable, and emissions associated with startups and shutdowns.

(b) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above any emission limitation that was legally enforceabl e during the consecutive 24-month period.

(c) For a regulated NSR pollutant, when a projec t involves multiple emissions units, only one consecutive 24-month period must be used to det ermine the baseline actual emissions for the emissions units being changed. A different consecut ive 24-month period can be used for each regulated NSR pollutant.

(d) The average rate shall not be based on any c onsecutive 24-month period for which there is inadequate information for determining ann ual emissions, in tons per year, and for adjusting this amount if required by paragraph (b)(4)(i)(b).

(ii) For an existing emissions unit (other than a n electric utility steam generating unit), baseline actual emissions means the average rate, in tons pe r year, at which the emissions unit actually emitte d the pollutant during any consecutive 24-month period se lected by the owner or operator within the 10-year period immediately preceding either the date the ow ner or operator begins actual construction of the project, or the date a complete permit application is received by the Department for a permit required under this section or under a plan approved by the Administrator, whichever is earlier, except that t he 10- year period shall not include any period earlier th an November 15, 1990. The Department reserves the right to determine if the 24-month period selected is appropriate.

(a) The average rate shall include fugitive emis sions to the extent quantifiable, and emissions associated with startups and shutdowns.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 117

General Amendments to R. 61-62 June 15, 2011 (b) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period.

(c) The average rate shall be adjusted downward to exclude any emissions that would

have exceeded an emission limitation with which the major stationary source must currently comply, had such major stationary source been required to compl y with such limitations during the consecutive 24- month period. However, if an emission limitation is part of a maximum achievable control technology standard that the Administrator proposed or promulg ated under 40 CFR 63, the baseline actual emissions need only be adjusted if the State has taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with t he requirements of 40 CFR 51.165(a)(3)(ii)(G).

(d) For a regulated NSR pollutant, when a projec t involves multiple emissions units, only one consecutive 24-month period must be used to det ermine the baseline actual emissions for all the emissions units being changed. A different consecut ive 24-month period can be used for each regulated NSR pollutant.

(e) The average rate shall not be based on any c onsecutive 24-month period for which there is inadequate information for determining ann ual emissions, in tons per year, and for adjusting this amount if required by paragraphs (b)(4)(ii)(b) and (c).

(iii) For a new emissions unit, the baseline actu al emissions for purposes of determining the

emissions increase that will result from the initia l construction and operation of such unit shall equ al zero; and thereafter, for all other purposes, shall equal the unit's potential to emit.

(iv) For a PAL for a stationary source, the basel ine actual emissions shall be calculated for existing electric utility steam generating unit s in accordance with the procedures contained in paragraph (b)(4)(i), for other existing emissions u nits in accordance with the procedures contained in paragraph (b)(4)(ii), and for a new emissions unit in accordance with the procedures contained in paragraph (b)(4)(iii).

(5)(i) “Baseline area” means any intrastate area (and every part thereof) designated as attainment or unclassifiable under section 107(d)(1)(D) or (E) of the Clean Air Act in which the major source or major modification establishing the minor source ba seline date would construct or would have an air quality impact equal to or greater than 1 μg/m 3 (annual average) of the pollutant for which the mi nor source baseline date is established.

(ii) Area redesignations under section 107(d)(1)( D) or (E) of the Clean Air Act cannot intersect or be smaller than the area of impact of any major stationary source or major modification

which:

(a) Establishes a minor source baseline date; or

(b) Is subject to 40 CFR 51.166 and would be con structed in the same state as the state proposing the redesignation.

(iii) Any baseline area established originally fo r the TSP increments shall remain in effect and shall apply for purposes of determining the amo unt of available PM 10 increments, except that such baseline area shall not remain in effect if the Dep artment rescinds the corresponding minor source baseline date in accordance with paragraph (b)(31)( iv).Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 118

General Amendments to R. 61-62 June 15, 2011 (6)(i) “Baseline concentration” means that ambient concentration level that exists in the baseline area at the time of the applicable minor source bas eline date. A baseline concentration is determined for each pollutant for which a minor source baseline da te is established and shall include:

(a) The actual emissions, as defined in paragrap h (b)(1), representative of sources in existence on the applicable minor source baselin e date, except as provided in paragraph (b) (6)(ii) ; and

(b) The allowable emissions of major stationary sources that commenced construction before the major source baseline date, but were not in operation by the applicable minor

source baseline date.

(ii) The following will not be included in the ba seline concentration and will affect the applicable maximum allowable increase(s):

(a) Actual emissions, as defined in paragraph (b )(1), from any major stationary

source on which construction commenced after the ma jor source baseline date; and

(b) Actual emissions increases and decreases, as defined in paragraph (b)(1), at any stationary source occurring after the minor sou rce baseline date.

(7)“ Begin actual construction” means, in general, initiation of physical on-site c onstruction activities on an emissions unit which are of a perm anent nature. Such activities include, but are not limited to, installation of building supports and f oundations, laying underground pipework and construction of permanent storage structures. With respect to a change in method of operations, this t erm refers to those on-site activities other than prepa ratory activities which mark the initiation of the change.

(8) “Best available control technology” means an emissions limitation (including a visible emission standard) based on the maximum degree of r eduction for each regulated NSR pollutant which would be emitted from any proposed major stationary source or major modification which the Department, on a case-by-case basis, taking into ac count energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatme nt or innovative fuel combustion techniques for contro l of such pollutant. In no event shall application of best available control technology result in emissio ns of any pollutant which would exceed the emission s allowed by any applicable standard under 40 CFR 60 and 61. If the Department determines that technological or economic limitations on the applic ation of measurement methodology to a particular emissions unit would make the imposition of an emis sions standard infeasible, a design, equipment, wor k practice, operational standard, or combination ther eof, may be prescribed instead to satisfy the requirement for the application of best available c ontrol technology. Such standard shall, to the degr ee possible, set forth the emissions reduction achieva ble by implementation of such design, equipment, wo rk practice or operation, and shall provide for compli ance by means which achieve equivalent results.

(9) “Building, structure, facility, or installation” means all of the pollutant-emitting activities which belong to the same industrial grouping, are l ocated on one or more contiguous or adjacent properties, and are under the control of the same p erson (or persons under common control) except the activities of any vessel. Pollutant-emitting activi ties shall be considered as part of the same indust rial grouping if they belong to the same "Major Group" ( i.e., which have the same first two digit code) as

described in the Standard Industrial Classification Manual, 1972, as amended by the 1977 Supplement (U.S. Government Printing Office stock numbers 4101 -0066 and 003-005-00176-0, respectively).Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 119

General Amendments to R. 61-62 June 15, 2011 (10) “Clean coal technology” means any technology, including technologies applie d at the precombustion, combustion, or post combustion stage , at a new or existing facility which will achieve significant reductions in air emissions of sulfur d ioxide or oxides of nitrogen associated with the utilization of coal in the generation of electricit y, or process steam which was not in widespread use as of November 15, 1990.

(11) “Clean coal technology demonstration project” means a project using funds appropriated under the heading “Department of Energy-Clean Coal Technology,” up to a total amount of $2,500,000,000 for commercial demonstration of clea n coal technology, or similar projects funded through appropriations for the Environmental Protec tion Agency. The Federal contribution for a qualifying project shall be at least 20 percent of the total cost of the demonstration project.

(12) [Reserved]

(13) “Commence” as applied to construction of a major stationary so urce or major modification means that the owner or operator has all necessary preconstruction approvals or permits and either has :

(i) Begun, or caused to begin, a continuous progr am of actual on-site construction of the source, to be completed within a reasonable time; o r

(ii) Entered into binding agreements or contractu al obligations, which cannot be

cancelled or modified without substantial loss to t he owner or operator, to undertake a program of act ual construction of the source to be completed within a reasonable time.

(14) “Complete” means in reference to an application for a permit, that the application contains all of the information necessary for processing the application.

(15) “Construction” means any physical change or change in the method o f operation (including fabrication, erection, installation, demolition, or modification of an emissions unit) that would resu lt in a change in actual emissions.

(16) “Continuous emissions monitoring system (CEMS)” means all of the equipment that may be required to meet the data acquisition and availa bility requirements of this regulation, to sample, condition (if applicable), analyze, and provide a r ecord of emissions on a continuous basis.

(17) “Continuous emissions rate monitoring system (CERMS )” means the total equipment required for the determination and recording of the pollutant mass emissions rate (in terms of mass pe r unit of time).

(18) “Continuous parameter monitoring system (CPMS)” means all of the equipment necessary to meet the data acquisition and availability requirem ents of this regulation, to monitor process and con trol device operational parameters (for example, control device secondary voltages and electric currents) a nd other information (for example, gas flow rate, O 2 or CO 2 concentrations), and to record average operational parameter value(s) on a continuous basi s.

(19) “Electric utility steam generating unit” means any steam electric generating unit that is constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than 25 MW electrical output to any utility po wer distribution system for sale. Any steam supplie d to a steam distribution system for the purpose of p roviding steam to a steam-electric generator that w ould produce electrical energy for sale is also consider ed in determining the electrical energy output capa city of the affected facility.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 120

General Amendments to R. 61-62 June 15, 2011 (20) “Emissions unit” means any part of a stationary source that emits or would have the potential to emit any regulated NSR pollutant and i ncludes an electric utility steam generating unit a s defined in paragraph (b)(19). For purposes of this regulation, there are two types of emissions units as described in paragraphs (b)(20)(i) and (ii).

(i) A new emissions unit is any emissions unit th at is (or will be) newly constructed and that has existed for less than 2 years from the dat e such emissions unit first operated.

(ii) An existing emissions unit is any emissions unit that does not meet the requirements in paragraph (b)(20)(i). A replacement unit, as def ined in paragraph (b)(45), is an existing emissions unit.

(21) “Federal Land Manager” means, with respect to any lands in the United Stat es, the Secretary of the department with authority over suc h lands.

(22) “Federally enforceable” means all limitations and conditions which are enfo rceable by the Administrator, including those requirements develop ed pursuant to 40 CFR 60 and 61, requirements within any applicable State implementation plan, an y permit requirements established pursuant to 40 CF R 52.21 or under regulations approved pursuant to 40 CFR 51, subpart I, including operating permits issu ed under an EPA-approved program that is incorporated into the State implementation plan and expressly requires adherence to any permit issued under such program.

(23) “Fugitive emissions” means those emissions which could not reasonably pa ss through a stack, chimney, vent, or other functionally equival ent opening.

(24) “High terrain” means any area having an elevation 900 feet or more above the base of the

stack of a source.

(25) “Indian Governing Body” means the governing body of any tribe, band, or gro up of Indians subject to the jurisdiction of the United S tates and recognized by the United States as posses sing power of self government.

(26) “Indian Reservation” means any federally recognized reservation establis hed by Treaty, Agreement, Executive Order, or Act of Congress.

(27) “Innovative control technology” means any system of air pollution control that has not been adequately demonstrated in practice, but would have a substantial likelihood of achieving greater continuous emissions reduction than any control sys tem in current practice or of achieving at least comparable reductions at lower cost in terms of ene rgy, economics, or nonair quality environmental impacts.

(28) “Low terrain” means any area other than high terrain.

(29) “Lowest achievable emission rate (LAER)” is as defined in paragraph (c)(5) of Regulation 61-62.5 Standard 7.1, “ Nonattainment New Source Review. ”

(30)(i) “Major modification” means any physical change in or change in the metho d of operation of a major stationary source that would r esult in: a significant emissions increase (as defi ned in paragraph (b)(50)) of a regulated NSR pollutant (as defined in paragraph (b)(44)); and a significant n et emissions increase of that pollutant from the major stationary source.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 121

General Amendments to R. 61-62 June 15, 2011 (ii) Any significant emissions increase (as defin ed in paragraph (b)(50)) from any emissions units or net emissions increase (as defin ed in paragraph (b)(34)) at a major stationary sour ce that is significant for volatile organic compounds or oxides of nitrogen shall be considered significa nt for

ozone.

(iii) A physical change or change in the method o f operation shall not include:

(a) Routine maintenance, repair and replacement;

(b) Use of an alternative fuel or raw material b y reason of an order under sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailm ent plan pursuant to the Federal Power Act;

(c) Use of an alternative fuel by reason of an o rder or rule under section 125 of the Clean Air Act;

(d) Use of an alternative fuel at a steam genera ting unit to the extent that the fuel is generated from municipal solid waste;

(e) Use of an alternative fuel or raw material b y a stationary source which:

(1) The source was capable of accommodating bef ore January 6, 1975, unless such change would be prohibited under any fe derally enforceable permit condition which was established after January 6, 1975 pursuant to 40 CF R 52.21 or under regulations approved pursuant to 4 0 CFR subpart I or 40 CFR 51.166; or

(2) The source is approved to use under any per mit issued under 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166;

(f) An increase in the hours of operation or in the production rate, unless such change would be prohibited under any federally enfo rceable permit condition which was established afte r January 6, 1975, pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR subpart I o r 40 CFR 51.166.

(g) Any change in ownership at a stationary sour ce.

(h) [Reserved]

(i) The installation, operation, cessation, or r emoval of a temporary clean coal technology demonstration project, provided that the project complies with:

(1) The State implementation plan for the State in which the project is located, and

(2) Other requirements necessary to attain and maintain the national ambient air quality standards during the project an d after it is terminated.

(j) The installation or operation of a permanent clean coal technology demonstration project that constitutes repowering, provided that the project does not result in an inc rease in the potential to emit of any regulated pollutant emitted by the unit. This exemption shall apply on a pollutant-by-pollutant basis.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 122

General Amendments to R. 61-62 June 15, 2011 (k) The reactivation of a very clean coal-fired electric utility steam generating

unit.

(iv) This definition shall not apply with respect to a particular regulated NSR pollutant when the major stationary source is complying with the requirements under paragraph (aa) for a PAL for that pollutant. Instead, the definition at paragrap h (aa)(2)(viii) shall apply.

(31)(i) “Major source baseline date” means:

(a) In the case of particulate matter and sulfur dioxide, January 6, 1975, and

(b) In the case of nitrogen dioxide, February 8, 1988.

(ii) “Minor source baseline date” means the earliest date after the trigger date on w hich a major stationary source or a major modification s ubject to 40 CFR 52.21 or to regulations approved pursuant to 40 CFR 51.166 submits a complete applic ation under the relevant regulations. The trigger

date is:

(a) In the case of particulate matter and sulfur dioxide, August 7, 1977, and

(b) In the case of nitrogen dioxide, February 8, 1988.

(iii) The baseline date is established for each p ollutant for which increments or other equivalent measures have been established if:

(a) The area in which the proposed source or mod ification would construct is designated as attainment or unclassifiable under se ction 107(d)(i)(D) or (E) of the Federal Clean Air Act for the pollutant on the date of its complete appli cation under 40 CFR 52.21; and

(b) In the case of a major stationary source, th e pollutant would be emitted in significant amounts, or, in the case of a major mod ification, there would be a significant net emissio ns increase of the pollutant.

(iv) Any minor source baseline date established o riginally for the TSP increments shall remain in effect and shall apply for purposes of de termining the amount of available PM 10 increments, except that the Department shall rescind a minor so urce baseline date where it can be shown, to the satisfaction of the Department, that the emissions increase from the major stationary source, or net emissions increase from the major modification, res ponsible for triggering that date did not result in a significant amount of PM 10 emissions.

(32)(i) “Major stationary source” means:

(a) Any of the following stationary sources of a ir pollutants which emits, or has the potential to emit, 100 tons per year or more of any regulated NSR pollutant: Fossil fuel-fired ste am electric plants of more than 250 million British th ermal units per hour heat input, coal cleaning plan ts (with thermal dryers), kraft pulp mills, portland c ement plants, primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction plants, prim ary copper smelters, municipal incinerators capable of charging more than 250 tons of refuse per day, h ydrofluoric, sulfuric, and nitric acid plants, petr oleum refineries, lime plants, phosphate rock processing plants, coke oven batteries, sulfur recovery plants

, carbon black plants (furnace process), primary lead smelters, fuel conversion plants, sintering plants

,Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 123

General Amendments to R. 61-62 June 15, 2011 secondary metal production plants, chemical process plants (which does not include ethanol production facilities that produce ethanol by natural fermenta tion included in NAICS codes 325193 or 312140), fossil fuel boilers (or combinations thereof) total ing more than 250 million British thermal units per hour heat input, petroleum storage and transfer units wi th a total storage capacity exceeding 300,000 barre ls, taconite ore processing plants, glass fiber process ing plants, and charcoal production plants;

(b) Notwithstanding the stationary source size s pecified in paragraph (b)(32)(i), any stationary source which emits, or has the poten tial to emit, 250 tons per year or more of a regula ted NSR pollutant; or

(c) Any physical change that would occur at a st ationary source not otherwise qualifying under paragraph (b)(32), as a major stat ionary source, if the changes would constitute a ma jor stationary source by itself.

(ii) A major stationary source that is major for volatile organic compounds or oxides of nitrogen shall be considered major for ozone.

(iii) The fugitive emissions of a stationary sour ce shall not be included in determining for any of the purposes of this regulation whether it i s a major stationary source, unless the source belo ngs to one of the following categories of stationary sourc es:

(a) Coal cleaning plants (with thermal dryers);

(b) Kraft pulp mills;

(c) Portland cement plants;

(d) Primary zinc smelters;

(e) Iron and steel mills;

(f) Primary aluminum ore reduction plants;

(g) Primary copper smelters;

(h) Municipal incinerators capable of charging m ore than 250 tons of refuse per day;

(i) Hydrofluoric, sulfuric, or nitric acid plant s;

(j) Petroleum refineries;

(k) Lime plants;

(l) Phosphate rock processing plants;

(m) Coke oven batteries;

(n) Sulfur recovery plants;

(o) Carbon black plants (furnace process);Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 124

General Amendments to R. 61-62 June 15, 2011 (p) Primary lead smelters;

(q) Fuel conversion plants;

(r) Sintering plants;

(s) Secondary metal production plants;

(t) Chemical process plants – The term chemical processing plant shall not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140;

(u) Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input;

(v) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;

(w) Taconite ore processing plants;

(x) Glass fiber processing plants;

(y) Charcoal production plants;

(z) Fossil fuel-fired steam electric plants of m ore that 250 million British thermal units per hour heat input, and

(aa) Any other stationary source category which, as of August 7, 1980, is being regulated under section 111 or 112 of the Federal C lean Air Act.

(33) “Necessary preconstruction approvals or permits” means those permits or approvals required under federal air quality control laws and regulations and those air quality control laws and regulations which are part of the applicable State Implementation Plan.

(34)(i) “Net emissions increase” means, with respect to any regulated NSR pollutant emitted by a major stationary source, the amount by which the sum of the following exceeds zero:

(a) The increase in emissions from a particular physical change or change in method of operation at a stationary source as calcu lated pursuant to paragraph (a)(2)(iv); and

(b) Any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable. Baseline actu al emissions for calculating increases and decreases u nder this paragraph (b)(34)(i)(b) shall be determin ed as provided in paragraph (b)(4), except that paragraph s (b)(4)(i)(c) and (b)(4)(ii)(d) shall not apply.

(ii) An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs betwee n:

(a) The date five years before construction on t he particular change commences;

andRevisions to the South Carolina Air Implementation Plan Text of Regulations – Page 125

General Amendments to R. 61-62 June 15, 2011 (b) The date that the increase from the particul ar change occurs.

(iii) An increase or decrease in actual emissions is creditable only if:

(a) The Department has not relied on it in issui ng a permit for the source under this section, which permit is in effect when the in crease in actual emissions from the particular chan ge occurs; and

(b) [Reserved]

(c) It occurs within five years before the date that the increase from the particular change occurs.

(iv) An increase or decrease in actual emissions of sulfur dioxide, particulate matter, or nitrogen oxide, that occurs before the applicable m inor source baseline date is creditable only if it is required to be considered in calculating the amount of maximum allowable increases remaining available

(v) An increase in actual emissions is creditable only to the extent that the new level of

actual emissions exceeds the old level.

(vi) A decrease in actual emissions is creditable only to the extent that:

(a) The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions;

(b) It is federally enforceable at and after the time that actual construction on the particular change begins; and

(c) It has approximately the same qualitative si gnificance for public health and

welfare as that attributed to the increase from the particular change.

(vii) [Reserved]

(viii) An increase that results from a physical c hange at a source occurs when the

emissions unit on which construction occurred becom es operational and begins to emit a particular pollutant. Any replacement unit that requires shake down becomes operational only after a reasonable shakedown period, not to exceed 180 days.

(ix) Paragraph (b)(1)(ii) shall not apply for det ermining creditable increases and

decreases.

(35) [Reserved]

(36) [Reserved]

(37) “Potential to emit” means the maximum capacity of a stationary source t o emit a pollutant under its physical and operational design. Any phys ical or operational limitation on the capacity of t he source to emit a pollutant, including air pollution control equipment and restrictions on hours of ope ration or on the type or amount of material combusted, sto red, or processed, shall be treated as part of its designRevisions to the South Carolina Air Implementation Plan Text of Regulations – Page 126

General Amendments to R. 61-62 June 15, 2011 if the limitation or the effect it would have on em issions is federally enforceable. Secondary emissio ns do not count in determining the potential to emit of a stationary source.

(38) “Predictive emissions monitoring system (PEMS)” means all of the equipment necessary to monitor process and control device operational p arameters (for example, control device secondary voltages and electric currents) and other informati on (for example, gas flow rate, O 2 or CO 2 concentrations), and calculate and record the mass emissions rate (for example, lb/hr) on a continuous

basis.

(39) “Prevention of Significant Deterioration (PSD) pro gram” means the EPA-implemented major source preconstruction permit programs or a m ajor source preconstruction permit program that has been approved by the Administrator and incorporated into the State Implementation Plan pursuant to 40 CFR 51.166 to implement the requirements of that se ction. Any permit issued under such a program is a major NSR permit.

(40) “Project” means a physical change in, or change in the metho d of operation of, an existing major stationary source.

(41)(i) “Projected actual emissions” means the maximum annual rate, in tons per year, a t which an existing emissions unit is projected to emit a regu lated NSR pollutant in any one of the 5 years (12-m onth period) following the date the unit resumes regular operation after the project, or in any one of the 10 years following that date, if the project involves increasing the emissions unit's design capacity or its potential to emit that regulated NSR pollutant and full utilization of the unit would result in a sign ificant emissions increase or a significant net emissions i ncrease at the major stationary source.

(ii) In determining the projected actual emission s under paragraph (b)(41)(i) (before beginning actual construction), the owner or operator of the major stationary source:

(a) Shall consider all relevant information, inc luding but not limited to, historical operational data, the company's own representations , the company's expected business activity and the company's highest projections of business activity, the company's filings with the State or Federal regulatory authorities, and compliance plans under the approved State Implementation Plan; and

(b) Shall include fugitive emissions to the exte nt quantifiable and emissions associated with startups and shutdowns; and

(c) Shall exclude, in calculating any increase i n emissions that results from the particular project, that portion of the unit's emissions follo wing the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions under paragraph (b)(4) and that are also unrelated to the particular project, including any increased utilization due to product demand growth; or

(d) In lieu of using the method set out in parag raph (b)(41)(ii)(a) through (c), may elect to use the emissions unit's potential to emit, in tons per year, as defined under paragraph (b)(37).

(42) “Reactivation of a very clean coal-fired electric utility steam generating unit” means any physical change or change in the method of oper ation associated with the commencement of commercial operations by a coal-fired utility unit after a period of discontinued operation where the unit:Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 127

General Amendments to R. 61-62 June 15, 2011 (i) Has not been in operation for the two-year pe riod prior to the enactment of the Clean Air Act Amendments of 1990, and the emissions from such unit continue to be carried in the permitting authority's emissions inventory at the time of enac tment;

(ii) Was equipped prior to shut-down with a conti nuous system of emissions control that achieves a removal efficiency for sulfur dioxide of no less than 85 percent and a removal efficiency f or particulates of no less than 98 percent;

(iii) Is equipped with low-NOx burners prior to t he time of commencement of operations following reactivation; and

(iv) Is otherwise in compliance with the requirem ents of the Clean Air Act.

(43) “Reasonably available control technology (RACT)” is as defined in 40 CFR 51.100(o).

(44) “Regulated NSR pollutant,” for purposes of this regulation, means the followi ng:

(i) Any pollutant for which a national ambient ai r quality standard has been promulgated and any constituents or precursors for such polluta nts identified by the Administrator. Precursors identified by the Administrator for purposes of NSR are the following:

(a) Volatile organic compounds and nitrogen oxi des are precursors to

ozone in all attainment and unclassifiable areas.

(b) Sulfur dioxide is a precursor to PM 2.5 in all attainment and unclassifiable areas.

(c) Nitrogen oxides are presumed to be precursors t o PM 2.5 in all attainment and unclassifiable areas, unless the State demonstrates to the Adminis trator’s satisfaction or the EPA demonstrates that emissions of nitrogen oxides from sources in a spec ific area are not a significant contributor to that area’s

ambient PM 2.5 concentrations.

(d) Volatile organic compounds are presumed not to be precursors to PM 2.5 in any attainment or unclassifiable area, unless the State demonstrates to the Administrator’s satisfaction or the EPA demonstrates that emissions of volatile organic com pounds from sources in a specific area are a significant contributor to that area’s ambient PM 2.5 concentrations.

(ii) Any pollutant that is subject to any standar d promulgated under section 111 of the Clean Air Act;

(iii) Any Class I or II substance subject to a st andard promulgated under or established by title VI of the Clean Air Act; or

(iv) Any pollutant that otherwise is subject to re gulation under the Clean Air Act; except that any or all hazardous air pollutants either listed in se ction 112 of the Clean Air Act or added to the list pursuant to section 112(b)(2) of the Clean Air Act, which ha ve not been delisted pursuant to section 112(b)(3) of the Clean Air Act, are not regulated NSR pollutants unless the listed hazardous air pollutant is also regulated as a constituent or precursor of a genera l pollutant listed under section 108 of the Clean A ir Act.

(v) ReservedRevisions to the South Carolina Air Implementation Plan Text of Regulations – Page 128

General Amendments to R. 61-62 June 15, 2011 (vi) Particulate matter (PM) emissions, PM 2.5 emissions and PM 10 emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. On or after January 1, 2011 (or any earlier date es tablished in the upcoming rulemaking codifying test methods), such condensable particulate matter shall be accounted for in applicability determinations a nd in establishing emissions limitations for PM, PM 2.5 and PM 10 in PSD permits. Compliance with emissions limitations for PM, PM 2.5 and PM 10 issued prior to this date shall not be based on co ndensable particular matter unless required by the terms and conditions of the permit or the applicable implementation plan

. Applicability determinations made prior to this dat e without accounting for condensable particular mat ter
shall not be considered in violation of this sectio n unless the applicable implementation plan require d condensable particular matter to be included.

(45) “Replacement unit” means an emissions unit for which all the criteria listed in paragraphs (b)(45)(i) through (iv) are met. No credible emissi on reductions shall be generated from shutting down the existing emissions unit that is replaced.

(i)The emissions unit is a reconstructed unit wit hin the meaning of 40 CFR 60.15(b)(1), or the emissions unit completely takes the place of an existing emissions unit.

(ii) The emissions unit is identical to or functi onally equivalent to the replaced emissions

unit.

(iii) The replacement does not alter the basic de sign parameters of the process unit.

(iv) The replaced emissions unit is permanently r emoved from the major stationary source, otherwise permanently disabled, or permanen tly barred from operation by a permit that is enforceable as a practical matter. If the replaced emissions unit is brought back into operation, it s hall

constitute a new emissions unit.

(46)(i) “Repowering” means replacement of an existing coal-fired boiler with one of the following clean coal technologies: atmospheric or p ressurized fluidized bed combustion, integrated gasification combined cycle, magnetohydrodynamics, direct and indirect coal-fired turbines, integrated gasification fuel cells, or as determined by the Ad ministrator, in consultation with the Secretary of Energy, a derivative of one or more of these techno logies, and any other technology capable of controlling multiple combustion emissions simultane ously with improved boiler or generation efficiency and with significantly greater waste reduction rela tive to the performance of technology in widespread commercial use as of November 15, 1990.

(ii) Repowering shall also include any oil and/or gas-fired unit which has been awarded clean coal technology demonstration funding as of J anuary 1, 1991, by the Department of Energy.

(iii) The Department shall give expedited conside ration to permit applications for any source that satisfies the requirements of this subs ection and is granted an extension under section 40 9 of

the Clean Air Act.

(47) Reserved

(48) “Secondary emissions” means emissions which would occur as a result of th e construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. For the purposes of this section, secondary emissions must be specific, well defined, quantifiable, and impact the same general areas the stationary source modification which causes secondary emissions. Seco ndary emissions include emissions from any offsiteRevisions to the South Carolina Air Implementation Plan Text of Regulations – Page 129

General Amendments to R. 61-62 June 15, 2011 support facility which would not be constructed or increase its emissions except as a result of the construction or operation of the major stationary s ource or major modification. Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions from the tailpip e of a motor vehicle, from a train, from a vessel; or from the following:

(i) Emissions from ships or trains coming to or f rom the new or modified stationary source; and

(ii) Emissions from any offsite support facility which would not otherwise be constructed

or increase its emissions as a result of the constr uction or operation of the major stationary source or major modification.

(49)(i) “Significant” means, in reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates:

Pollutant and Emissions Rate

Carbon monoxide: 100 tons per year (tpy)

Nitrogen oxides: 40 tpy

Sulfur dioxide: 40 tpy

Particulate matter: 25 tpy of particulate matter emissions; 15 tpy of PM 10 emissions 10 tpy of direct PM 2.5 ; 40 tpy of sulfur dioxide emissions; 40 tpy of nitrogen oxide emissions unless demonst rated not to be a PM 2.5 precursor under (b)44 of this section

Ozone: 40 tpy of volatile organic compounds or oxi des of nitrogen

Lead: 0.6 tpy

Fluorides: 3 tpy

Sulfuric acid mist: 7 tpy

Hydrogen sulfide (H 2 S): 10 tpy

Total reduced sulfur (including H 2 S): 10 tpy

Reduced sulfur compounds (including H 2 S): 10 tpy

Municipal waste combustor organics (measured as to tal tetra- through octa-chlorinated dibenzop-dioxins and dibenzofurans): 3.2 x 10 -6 megagrams per year (3.5 x 10 -6 tons per year).

Municipal waste combustor metals (measured as part iculate matter): 14 megagrams per year (15 tons per year)Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 130

General Amendments to R. 61-62 June 15, 2011 Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen chloride): 36 megagrams per year (40 tons per year)

Municipal solid waste landfills emissions (measure d as nonmethane organic compounds): 45 megagrams per year (50 tons per year)

(ii) “Significant” means, in reference to a net emissions increase or the potential of a source to emit a regulated NSR pollutant that parag raph (b)(49)(i), does not list, any emissions rate.

(iii) Notwithstanding paragraph (b)(49)(i), signi ficant means any emissions rate or any net emissions increase associated with a major stat ionary source or major modification, which would construct within 10 kilometers of a Class I area, a nd have an impact on such area equal to or greater than 1 μg/m 3 , (24-hour average).

(50) “ Significant emissions increase” means, for a regulated NSR pollutant, an increase in emissions that is significant (as defined in paragr aph (b)(49)) for that pollutant.

(51) “Stationary source” means any building, structure, facility, or install ation which emits or may emit a regulated NSR pollutant.

(52) “Temporary clean coal technology demonstration pro ject” means a clean coal technology demonstration project that is operated f or a period of 5 years or less, and which complies with the State implementation plans for the State in whi ch the project is located and other requirements necessary to attain and maintain the national ambie nt air quality standards during the project and aft er it is

terminated.

(53) “Volatile organic compounds (VOC)” is as defined in Regulation 61-62.1, Section I, Definitions

.

(c) Ambient air increments.

In areas designated as Class I, II or III, increas es in pollutant concentration over the baseline concentration shall be limited to the following:

CLASS I

Pollutant Maximum Allowable Increase (micrograms per cubic meter)

PM 10 , annual arithmetic mean 4 Particulate matter: PM 10 , 24-hr maximum 8

annual arithmetic mean 2

24-hr maximum 5 Sulfur dioxide:

3-hr maximum 25 Nitrogen dioxide: annual arithmetic mean 2.5

CLASS II

Pollutant Maximum Allowable Increase (micrograms per cubic meter)

Particulate matter: PM 10 , annual arithmetic mean 17Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 131

General Amendments to R. 61-62 June 15, 2011 CLASS II

Pollutant Maximum Allowable Increase (micrograms per cubic meter)

PM 10 , 24-hr maximum 30

annual arithmetic mean 20

24-hr maximum 91 Sulfur dioxide:

3-hr maximum 512 Nitrogen dioxide: annual arithmetic mean 25

CLASS III

Pollutant Maximum Allowable Increase (micrograms per cubic meter)

PM 10 , annual arithmetic mean 34 Particulate matter: PM 10 , 24-hr maximum 60

annual arithmetic mean 40

24-hr maximum 182 Sulfur dioxide:

3-hr maximum 700 Nitrogen dioxide: annual arithmetic mean 50

For any period other than an annual period, the ap plicable maximum allowable increase may be exceeded during one such period per year at any one location.

(d) Ambient air ceilings.

No concentration of a pollutant shall exceed:

(1) The concentration permitted under the national secondary ambient air quality standard, or

(2) The concentration permitted under the national primary ambient air quality standard, whichever concentration is lowest for the pollutant for a period of exposure.

(e) Restrictions on area classifications.

(1) All of the following areas which were in exist ence on August 7, 1977, shall be Class I areas and may not be redesignated:

(i) International parks,

(ii) National wilderness areas which exceed 5,000 acres in size,

(iii) National memorial parks which exceed 5,000 acres in size, and

(iv) National parks which exceed 6,000 acres in s ize.

(2) Areas which were redesignated as Class I under regulations promulgated before August 7, 1977, shall remain Class I, but may be redesignated as provided in this section.

(3) Any other area, unless otherwise specified in the legislation creating such an area, is initially designated Class II, but may be redesignated as pro vided in this section.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 132

General Amendments to R. 61-62 June 15, 2011 (4) The following areas may be redesignated only a s Class I or II:

(i) An area which as of August 7, 1977, exceeded 10,000 acres in size and was a national monument, a national primitive area, a national pre serve, a national recreational area, a national wil d and scenic river, a national wildlife refuge, a nationa l lakeshore or seashore; and

(ii) A national park or national wilderness area established after August 7, 1977, which exceeds 10,000 acres in size.

(f) [Reserved]

(g) Redesignation.

(1) All areas (except as otherwise provided under paragraph (e)) are designated Class II as of December 5, 1974. Redesignation (except as otherwis e precluded by paragraph (e)) may be proposed by the respective States or Indian Governing Bodies, a s provided below, subject to approval by the Administrator as a revision to the applicable State implementation plan.

(2) The State may submit to the Administrator a pr oposal to redesignate areas of the State Class I or Class II provided that:

(i) At least one public hearing has been held in accordance with procedures established in 40 CFR 51.102;

(ii) Other States, Indian Governing Bodies, and F ederal Land Managers whose lands may be affected by the proposed redesignation were noti fied at least 30 days prior to the public hearing;

(iii) A discussion of the reasons for the propose d redesignation, including a satisfactory description and analysis of the health, environment al, economic, social and energy effects of the prop osed redesignation, was prepared and made available for public inspection at least 30 days prior to the hea ring and the notice announcing the hearing contained app ropriate notification of the availability of such discussion;

(iv) Prior to the issuance of notice respecting t he redesignation of an area that includes any Federal lands, the State has provided written n otice to the appropriate Federal Land Manager and afforded adequate opportunity (not in excess of 60 days) to confer with the State respecting the redesignation and to submit written comments and re commendations. In redesignating any area with respect to which any Federal Land Manager had submi tted written comments and recommendations, the State shall have published a list of any inconsiste ncy between such redesignation and such comments an d recommendations (together with the reasons for maki ng such redesignation against the recommendation of the Federal Land Manager); and

(v) The State has proposed the redesignation afte r consultation with the elected leadership of local and other substate general purpose governm ents in the area covered by the proposed redesignation.

(3) Any area other than an area to which paragraph (e) refers may be redesignated as Class III if –

(i) The redesignation would meet the requirements of paragraph (g)(2);Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 133

General Amendments to R. 61-62 June 15, 2011 (ii) The redesignation, except any established by an Indian Governing Body, has been specifically approved by the Governor of the State, after consultation with the appropriate committees of the legislature, if it is in session, or with the l eadership of the legislature, if it is not in sessi on (unless State law provides that the redesignation must be s pecifically approved by State legislation) and if g eneral purpose units of local government representing a ma jority of the residents of the area to be redesigna ted enact legislation or pass resolutions concurring in the redesignation:

(iii) The redesignation would not cause, or contr ibute to, a concentration of any air pollutant which would exceed any maximum allowable increase permitted under the classification of any other area or any national ambient air quality stan dard; and

(iv) Any permit application for any major station ary source or major modification, subject to review under paragraph (l), which could receive a permit under this section only if the are a in question were redesignated as Class III, and any ma terial submitted as part of that application, were available insofar as was practicable for public ins pection prior to any public hearing on redesignatio n of

the area as Class III.

(4) Lands within the exterior boundaries of Indian Reservations may be redesignated only by the appropriate Indian Governing Body. The appropriate Indian Governing Body may submit to the Department a proposal to redesignate areas Class I, Class II, or Class III: Provided, That:

(i) The Indian Governing Body has followed proced ures equivalent to those required of a State under paragraphs (g)(2), (g)(3)(iii), and (g) (3)(iv); and

(ii) Such redesignation is proposed after consult ation with the State(s) in which the Indian

Reservation is located and which border the Indian Reservation.

(5) The Administrator shall disapprove, within 90 days of submission, a proposed redesignation of any area only if it is found, after notice and o pportunity for public hearing, that such redesignat ion does not meet the procedural requirements of this paragr aph or is inconsistent with paragraph (e). If any s uch disapproval occurs, the classification of the area shall be that which was in effect prior to the redesignation which was disapproved.

(6) If the Administrator disapproves any proposed redesignation, the State or Indian Governing Body, as appropriate, may resubmit the proposal aft er correcting the deficiencies noted by the

Administrator.

(h) Stack heights.

(1) The degree of emission limitation required for control of any air pollutant under this section shall not be affected in any manner by--

(i) So much of the stack height of any source as exceeds good engineering practice, or

(ii) Any other dispersion technique.

(2) Paragraph (h)(1) shall not apply with respect to stack heights in existence before December 31, 1970, or to dispersion techniques implemented b efore then.

(i) ExemptionsRevisions to the South Carolina Air Implementation Plan Text of Regulations – Page 134

General Amendments to R. 61-62 June 15, 2011 (1) The requirements of paragraphs (j) through (r) shall not apply to a particular major stationary source or major modification, if:

(i) Construction commenced on the source or modif ication before August 7, 1977. The regulations at 40 CFR 52.21 as in effect before Aug ust 7, 1977, shall govern the review and permitting of any such source or modification; or

(ii) The source or modification was subject to th e review requirements of 40 CFR 52.21(d)(1) as in effect before March 1, 1978, and the owner or operator:

(a) Obtained under 40 CFR 52.21 a final approval effective before March 1, 1978;

(b) Commenced construction before March 19, 1979 ; and

(c) Did not discontinue construction for a perio d of 18 months or more and completed construction within a reasonable time; or

(iii) The source or modification was subject to 4 0 CFR 52.21 as in effect before March 1, 1978, and the review of an application for approval for the stationary source or modification under 40 CFR 52.21 would have been completed by March 1, 197 8, but for an extension of the public comment period pursuant to a request for such an extension. In such case, the application shall continue to be processed, and granted or denied, under 40 CFR 52.2 1 as in effect prior to March 1, 1978; or

(iv) The source or modification was not subject t o 40 CFR 52.21 as in effect before March 1, 1978, and the owner or operator:

(a) Obtained all final Federal, state and local preconstruction approvals or permits necessary under the applicable State Implem entation Plan before March 1, 1978;

(b) Commenced construction before March 19, 1979 ; and

(c) Did not discontinue construction for a perio d of 18 months or more and completed construction within a reasonable time; or

(v) The source or modification was not subject to 40 CFR 52.21 as in effect on June 19, 1978 or under the partial stay of regulations publi shed on February 5, 1980 (45 FR 7800), and the owne r or operator:

(a) Obtained all final Federal, state and local preconstruction approvals or permits necessary under the applicable State Implem entation Plan before August 7, 1980;

(b) Commenced construction within 18 months from August 7, 1980, or any earlier time required under the applicable State Im plementation Plan; and

(c) Did not discontinue construction for a perio d of 18 months or more and completed construction within a reasonable time; or

(vi) The source or modification would be a nonpro fit health or nonprofit educational institution, or a major modification would occur at such an institution, and the governor of the state in

which the source or modification would be located r equests that it be exempt from those requirements; orRevisions to the South Carolina Air Implementation Plan Text of Regulations – Page 135

General Amendments to R. 61-62 June 15, 2011 (vii) The source or modification would be a major stationary source or major modification only if fugitive emissions, to the ext ent quantifiable, are considered in calculating the potential to emit of the stationary source or modif ication and the source does not belong to any of th e following categories:

(a) Coal cleaning plants (with thermal dryers);

(b) Kraft pulp mills;

(c) Portland cement plants;

(d) Primary zinc smelters;

(e) Iron and steel mills;

(f) Primary aluminum ore reduction plants;

(g) Primary copper smelters;

(h) Municipal incinerators capable of charging m ore than 250 tons of refuse per day;

(i) Hydrofluoric, sulfuric, or nitric acid plant s;

(j) Petroleum refineries;

(k) Lime plants;

(l) Phosphate rock processing plants;

(m) Coke oven batteries;

(n) Sulfur recovery plants;

(o) Carbon black plants (furnace process);

(p) Primary lead smelters;

(q) Fuel conversion plants;

(r) Sintering plants;

(s) Secondary metal production plants;

(t) Chemical process plants – The term chemical processing plant shall not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140;

(u) Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input;Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 136

General Amendments to R. 61-62 June 15, 2011 (v) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;

(w) Taconite ore processing plants;

(x) Glass fiber processing plants;

(y) Charcoal production plants;

(z) Fossil fuel-fired steam electric plants of m ore than 250 million British thermal units per hour heat input;

(aa) Any other stationary source category which, as of August 7, 1980, is being regulated under section 111 or 112 of the Clean Air Act; or

(viii) The source is a portable stationary source which has previously received a permit under this section, and

(a) The owner or operator proposes to relocate t he source and emissions of the source at the new location would be temporary; and

(b) The emissions from the source would not exce ed its allowable emissions; and

(c) The emissions from the source would impact n o Class I area and no area where an applicable increment is known to be violat ed; and

(d) Reasonable notice is given to the Department prior to the relocation identifying the proposed new location and the proba ble duration of operation at the new location. Such notice shall be given to the Department not less th an 10 days in advance of the proposed relocation un less a different time duration is previously approved by the Department.

(ix) The source or modification was not subject t o section 52.21 with respect to particulate matter, as in effect before July 31, 19 87, and the owner or operator:

(a) Obtained all final Federal, State, and local preconstruction approvals or permits necessary under the applicable State implem entation plan before July 31, 1987;

(b) Commenced construction within 18 months afte r July 31, 1987, or any earlier time required under the State implementation plan; and

(c) Did not discontinue construction for a perio d of 18 months or more and completed construction within a reasonable period o f time.

(x) The source or modification was subject to 40 CFR 52.21, with respect to particulate matter, as in effect before July 31, 1987 and the o wner or operator submitted an application for a per mit under this section before that date, and the Depart ment subsequently determines that the application a s submitted was complete with respect to the particul ate matter requirements then in effect in this sect ion. Instead, the requirements of paragraphs (j) through (r) that were in effect before July 31, 1987 shall apply

to such source or modification.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 137

General Amendments to R. 61-62 June 15, 2011 (2) The requirements of paragraphs (j) through (r) shall not apply to a major stationary source or major modification with respect to a particular pol lutant if the owner or operator demonstrates that, as to that pollutant, the source or modification is locat ed in an area designated as nonattainment under sec tion

107 of the Clean Air Act.

(3) The requirements of paragraphs (k), (m) and (o ) shall not apply to a major stationary source or major modification with respect to a particular pol lutant, if the allowable emissions of that pollutan t from the source, or the net emissions increase of that p ollutant from the modification:

(i) Would impact no Class I area and no area wher e an applicable increment is known to be violated, and

(ii) Would be temporary.

(4) The requirements of paragraphs (k), (m) and (o ) as they relate to any maximum allowable increase for a Class II area shall not apply to a m ajor modification at a stationary source that was i n existence on March 1, 1978, if the net increase in allowable emissions of each regulated NSR pollutant from the modification after the application of best available control technology would be less than 50 tons

per year.

(5) The Department may exempt a stationary source or modification from the requirements of paragraph (m), with respect to monitoring for a par ticular pollutant if:

(i) The emissions increase of the pollutant from the new source or the net emissions increase of the pollutant from the modification wou ld cause, in any area, air quality impacts less tha n the following amounts:

Carbon monoxide--575 μg/m 3 , 8-hour average; Nitrogen dioxide--14 μg/m 3 , annual average; Particulate matter--10 μg/m 3 of PM 10 , 24-hour average; Sulfur dioxide--13 μg/m 3 , 24-hour average; Ozone; 1
Lead--0.1 μg/m 3 , 3-month average; Fluorides--0.25 μg/m 3 , 24-hour average; Total reduced sulfur--10 μg/m 3 , 1-hour average; Hydrogen sulfide--0.2 μg/m 3 , 1-hour average; Reduced sulfur compounds--10 μg/m 3 , 1-hour average; or

1 No de minimis air quality level is provided for oz one. However, any net increase of 100 tons per year or more of volatile o rganic compounds or nitrogen oxides subject to PSD would be required to perform an ambient impact anal ysis including the gathering of ambient air quality

data.

(ii) The concentrations of the pollutant in the a rea that the source or modification would affect are less than the concentrations listed in p aragraph (i)(5)(i), or the pollutant is not listed in paragraph (i)(5)(i).

(6) The requirements for best available control te chnology in paragraph (j) and the requirements for air quality analyses in paragraph (m)(1), shall not apply to a particular stationary source or modification that was subject to 40 CFR 52.21 as in effect on June 19, 1978, if the owner or operator of the source or modification submitted an application for a permit under those regulations before August 7,Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 138

General Amendments to R. 61-62 June 15, 2011 1980, and the Department subsequently determines th at the application as submitted before that date wa s complete. Instead, the requirements at 40 CFR 52.21 (j) and (n) as in effect on June 19, 1978 apply to any such source or modification.

(7)(i) The requirements for air quality monitoring in paragraphs (m)(1)(ii) through (iv) shall not apply to a particular source or modification that w as subject to 40 CFR 52.21 as in effect on June 19, 1978, if the owner or operator of the source or mod ification submits an application for a permit under this section on or before June 8, 1981, and the Departme nt subsequently determines that the application as submitted before that date was complete with respec t to the requirements of this regulation other than those in paragraphs (m)(1)(ii) through (iv), and wi th respect to the requirements for such analyses at 40 CFR 52.21(m)(2) as in effect on June 19, 1978. Inst ead, the latter requirements shall apply to any suc h

source or modification.

(ii) The requirements for air quality monitoring in paragraphs (m)(1)(ii) through (iv) shall not apply to a particular source or modification th at was not subject to 40 CFR 52.21 as in effect on June 19, 1978, if the owner or operator of the source or modification submits an application for a permit u nder this section on or before June 8, 1981, and the Dep artment subsequently determines that the applicatio n as submitted before that date was complete, except wit h respect to the requirements in paragraphs (m)(1)( ii) through (iv).

(8)(i) At the discretion of the Department, the re quirements for air quality monitoring of PM 10 in paragraphs (m)(1)(i)--(iv) may not apply to a parti cular source or modification when the owner or operator of the source or modification submits an a pplication for a permit under this section on or be fore June 1, 1988 and the Department subsequently determ ines that the application as submitted before that date was complete, except with respect to the requi rements for monitoring particulate matter in paragraphs (m)(1)(i) through (iv).

(ii) The requirements for air quality monitoring of PM 10 in paragraphs (m)(1), (ii) and (iv) and (m)(3) shall apply to a particular source or mo dification if the owner or operator of the source o r modification submits an application for a permit un der this section after June 1, 1988 and no later th an December 1, 1988. The data shall have been gathered over at least the period from February 1, 1988 to the date the application becomes otherwise complete in accordance with the provisions set forth under paragraph (m)(1)(viii), except that if the Departme nt determines that a complete and adequate analysis can be accomplished with monitoring data over a sho rter period (not to be less than 4 months), the dat a that paragraph (m)(1)(iii) requires shall have been gathered over a shorter period.

(9) The requirements of paragraph (k)(2) shall not apply to a stationary source or modification with respect to any maximum allowable increase for nitrogen oxides if the owner or operator of the source or modification submitted an application for a permit under this section before the provisions embodying the maximum allowable increase took effec t as part of the applicable implementation plan and the Department subsequently determined that the app lication as submitted before that date was complete

.

(10) The requirements in paragraph (k)(2) shall no t apply to a stationary source or modification with respect to any maximum allowable increase for PM 10 if

(i) the owner or operator of the source or modifi cation submitted an application for a permit under this section before the provisions emb odying the maximum allowable increases for PM 10 took effect in an implementation plan to which this section applies, andRevisions to the South Carolina Air Implementation Plan Text of Regulations – Page 139

General Amendments to R. 61-62 June 15, 2011 (ii) the Department subsequently determined that the application as submitted before that date was otherwise complete. Instead, the requireme nts in paragraph (k)(2) shall apply with respect to the

maximum allowable increases for TSP as in effect on the date the application was submitted.

(j) Control technology review.

(1) A major stationary source or major modificatio n shall meet each applicable emissions limitation under the State Implementation Plan and each applicable emissions standard and standard of performance under 40 CFR 60 and 61.

(2) A new major stationary source shall apply best available control technology for each regulated NSR pollutant that it would have the potential to e mit in significant amounts.

(3) A major modification shall apply best availabl e control technology for each regulated NSR pollutant for which it would result in a significan t net emissions increase at the source. This requir ement applies to each proposed emissions unit at which a net emissions increase in the pollutant would occur as a result of a physical change or change in the meth od of operation in the unit.

(4) For phased construction projects, the determin ation of best available control technology shall be reviewed and modified as appropriate at the late st reasonable time which occurs no later than 18 months prior to commencement of construction of eac h independent phase of the project. At such time, the owner or operator of the applicable stationary source may be required to demonstrate the adequacy of any previous determination of best available contro l technology for the source.

(k) Source impact analysis.

The owner or operator of the proposed source or mo dification shall demonstrate that allowable emission increases from the proposed source or modi fication, in conjunction with all other applicable emissions increases or reductions (including second ary emissions), would not cause or contribute to ai r pollution in violation of:

(1) Any national ambient air quality standard in a ny air quality control region; or

(2) Any applicable maximum allowable increase over the baseline concentration in any area.

(l) Air Quality Models

(1) All estimates of ambient concentrations requir ed under this paragraph shall be based on applicable air quality models, data bases, and othe r requirements specified in 40 CFR 51 appendix W (Guideline on Air Quality Models).

(2) Where an air quality model specified in 40 CFR 51 appendix W (Guideline on Air Quality Models) is inappropriate, the model may be modified or another model substituted. Such a modification or substitution of a model may be made on a case-by -case basis or, where appropriate, on a generic bas is for a specific state program. Written approval of t he Department must be obtained for any modification or substitution. In addition, use of a modified or sub stituted model must be subject to notice and opport unity for public comment under procedures developed in ac cordance with paragraph (q).

(m) Air quality analysis--

(1) Preapplication analysis.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 140

General Amendments to R. 61-62 June 15, 2011 (i) Any application for a permit under this secti on shall contain an analysis of ambient air quality in the area that the major stationary sourc e or major modification would affect for each of th e following pollutants:

(a) For the source, each pollutant that it would have the potential to omit in a significant amount;

(b) For the modification, each pollutant for whi ch it would result in a significant

net emissions increase.

(ii) With respect to any such pollutant for which no National Ambient Air Quality Standard exists, the analysis shall contain such ai r quality monitoring data as the Department determi nes is necessary to assess ambient air quality for that pollutant in any area that the emissions of that p ollutant

would affect.

(iii) With respect to any such pollutant (other t han nonmethane hydrocarbons) for which such a standard does exist, the analysis shall cont ain continuous air quality monitoring data gathered for purposes of determining whether emissions of that p ollutant would cause or contribute to a violation o f the standard or any maximum allowable increase.

(iv) In general, the continuous air quality monit oring data that is required shall have been gathered over a period of at least one year and sha ll represent at least the year preceding receipt of the application, except that, if the Department determi nes that a complete and adequate analysis can be accomplished with monitoring data gathered over a p eriod shorter than one year (but not to be less tha n four months), the data that is required shall have been gathered over at least that shorter period.

(v) For any application which becomes complete, e xcept as to the requirements of paragraphs (m)(1)(iii) and (iv), between June 8, 19 81, and February 9, 1982, the data that paragraph (m)(1)(iii), requires shall have been gathered over at least the period from February 9, 1981, to the date the application becomes otherwise complete, except that:

(a) If the source or modification would have bee n major for that pollutant under 40 CFR 52.21 as in effect on June 19, 1978, any mon itoring data shall have been gathered over at least the period required by those regulations.

(b) If the Department determines that a complete and adequate analysis can be accomplished with monitoring data over a shorter pe riod (not to be less than four months), the data th at paragraph (m)(1)(iii), requires shall have been gat hered over at least that shorter period.

(c) If the monitoring data would relate exclusiv ely to ozone and would not have been required under 40 CFR 52.21 as in effect on Ju ne 19, 1978, the Department may waive the otherwise applicable requirements of this paragraph (v) to th e extent that the applicant shows that the monitori ng data would be unrepresentative of air quality over a full year.

(vi) The owner or operator of a proposed stationa ry source or modification of volatile organic compounds who satisfies all conditions of 4 0 CFR 51 Appendix S, section IV may provide postapproval monitoring data for ozone in lieu of provi ding preconstruction data as required under paragra ph (m)(1).Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 141

General Amendments to R. 61-62 June 15, 2011 (vii) For any application that becomes complete, except as to the requirements of paragraphs (m)(1)(iii) and (iv) pertaining to PM 10 , after December 1, 1988 and no later than August 1

, 1989 the data that paragraph (m)(1)(iii) requires s hall have been gathered over at least the period fr om August 1, 1988 to the date the application becomes otherwise complete, except that if the Department determines that a complete and adequate analysis ca n be accomplished with monitoring data over a shorter period (not to be less than 4 months), the data that paragraph (m)(1)(iii) requires shall have been gathered over that shorter period.

(viii) With respect to any requirements for air q uality monitoring of PM 10 under paragraphs (i)(11)(i) and (ii) the owner or operato r of the source or modification shall use a monitor ing method approved by the Department and shall estimat e the ambient concentrations of PM 10 using the data collected by such approved monitoring method in acc ordance with estimating procedures approved by the Department.

(2) Post-construction monitoring. The owner or ope rator of a major stationary source or major modification shall, after construction of the stati onary source or modification, conduct such ambient monitoring as the Department determines is necessar y to determine the effect emissions from the stationary source or modification may have, or are having, on air quality in any area.

(3) Operations of monitoring stations. The owner o r operator of a major stationary source or major modification shall meet the requirements of A ppendix B to 40 CFR 58 of during the operation of monitoring stations for purposes of satisfying para graph (m).

(n) Source information.

The owner or operator of a proposed source or modi fication shall submit all information necessary to perform any analysis or make any deter mination required under this section.

(1) With respect to a source or modification to wh ich paragraphs (j), (l), (n) and (p) apply, such

information shall include:

(i) A description of the nature, location, design capacity, and typical operating schedule of the source or modification, including specificat ions and drawings showing its design and plant layo ut;

(ii) A detailed schedule for construction of the source or modification;

(iii) A detailed description as to what system of continuous emission reduction is planned for the source or modification, emission estimates, and any other information necessary to determine t hat best available control technology would be applied.

(2) Upon request of the Department, the owner or o perator shall also provide information on:

(i) The air quality impact of the source or modif ication, including meteorological and topographical data necessary to estimate such impac t; and

(ii) The air quality impacts, and the nature and extent of any or all general commercial, residential, industrial, and other growth which has occurred since August 7, 1977, in the area the sou rce or modification would affect.

(o) Additional impact analyses.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 142

General Amendments to R. 61-62 June 15, 2011 (1) The owner or operator shall provide an analysi s of the impairment to visibility, soils and vegetation that would occur as a result of the sour ce or modification and general commercial, resident ial, industrial and other growth associated with the sou rce or modification. The owner or operator need not provide an analysis of the impact on vegetation hav ing no significant commercial or recreational value

.

(2) The owner or operator shall provide an analysi s of the air quality impact projected for the area as a result of general commercial, residential, ind ustrial and other growth associated with the source or modification.

(3) Visibility monitoring. The Department may requ ire monitoring of visibility in any Federal class I area near the proposed new stationary sourc e for major modification for such purposes and by s uch means as the Administrator deems necessary and appr opriate.

(p) Sources impacting Federal Class I areas--additi onal requirements--

(1) Notice to Federal land managers. The Departmen t shall provide written notice of any permit application for a proposed major stationary source or major modification, the emissions from which may affect a Class I area, to the Federal land manager and the Federal official charged with direct responsibility for management of any lands within a ny such area. Such notification shall include a cop y of all information relevant to the permit application and shall be given within 30 days of receipt and at least 60 days prior to any public hearing on the applicat ion for a permit to construct. Such notification sh all include an analysis of the proposed source's antici pated impacts on visibility in the Federal Class I area. The Department shall also provide the Federal land manager and such Federal officials with a copy of t he preliminary determination required under paragraph (q), and shall make available to them any materials used in making that determination, promptly after t he Department makes such determination. Finally, th e Department shall also notify all affected Federal l and managers within 30 days of receipt of any advan ce notification of any such permit application.

(2) Federal Land Manager. The Federal Land Manager and the Federal official charged with direct responsibility for management of such lands have an affirmative responsibility to protect the a ir quality related values (including visibility) of su ch lands and to consider, in consultation with the Department, whether a proposed source or modificati on will have an adverse impact on such values.

(3) Visibility analysis. The Department shall cons ider any analysis performed by the Federal land manager, provided within 30 days of the notificatio n required by paragraph (p)(1), that shows that a proposed new major stationary source or major modif ication may have an adverse impact on visibility in any Federal Class I area. Where the Department find s that such an analysis does not demonstrate to the satisfaction of the Department that an adverse impa ct on visibility will result in the Federal Class I area, the Department must, in the notice of public hearin g on the permit application, either explain its dec ision or give notice as to where the explanation can be o btained.

(4) Denial--impact on air quality related values. The Federal Land Manager of any such lands may demonstrate to the Department that the emission s from a proposed source or modification would have an adverse impact on the air quality-related v alues (including visibility) of those lands, notwithstanding that the change in air quality resu lting from emissions from such source or modificati on would not cause or contribute to concentrations whi ch would exceed the maximum allowable increases for a Class I area. If the Department concurs with such demonstration, then the permit shall not be is sued.

(5) Class I variances. The owner or operator of a proposed source or modification may demonstrate to the Federal Land Manager that the em issions from such source or modification would have no adverse impact on the air quality related v alues of any such lands (including visibility),Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 143

General Amendments to R. 61-62 June 15, 2011 notwithstanding that the change in air quality resu lting from emissions from such source or modificati on would cause or contribute to concentrations which w ould exceed the maximum allowable increases for a Class I area. If the Federal Land Manager concurs w ith such demonstration and so certifies, the State may authorize the Administrator: Provided, That the app licable requirements of this regulation are otherwi se met, to issue the permit with such emission limitat ions as may be necessary to assure that emissions o f sulfur dioxide and particulate matter, and nitrogen oxides would not exceed the following maximum

allowable increases over minor source baseline conc entration for such pollutants:

Pollutant Maximum Allowable Increase (micrograms per cubic meter)

PM 10 , annual arithmetic mean 17 Particulate matter: PM 10 , 24-hr maximum 30

annual arithmetic mean 20

24-hr maximum 91 Sulfur dioxide:

3-hr maximum 325 Nitrogen dioxide: annual arithmetic mean 25

(6) Sulfur dioxide variance by Governor with Federa l Land Manager's concurrence. The owner or operator of a proposed source or modification which cannot be approved under paragraph (q)(4) may

demonstrate to the Governor that the source cannot be constructed by reason of any maximum allowable increase for sulfur dioxide for a period of twenty- four hours or less applicable to any Class I area a nd, in the case of Federal mandatory Class I areas, that a variance under this clause would not adversely aff ect the air quality related values of the area (includi ng visibility). The Governor, after consideration o f the Federal Land Manager's recommendation (if any) and concurrence, may, after notice and public hearing, grant a variance from such maximum allowable increa se. If such variance is granted, the Department sha ll issue a permit to such source or modification pursu ant to the requirements of paragraph (q)(7): Provid ed, that the applicable requirements of this regulation are otherwise met.

(7) Variance by the Governor with the President's concurrence. In any case where the Governor

recommends a variance in which the Federal Land Man ager does not concur, the recommendations of the Governor and the Federal Land Manager shall be tran smitted to the President. The President may approve

the Governor's recommendation if it is found that t he variance is in the national interest. If the var iance is approved, the Department shall issue a permit pursu ant to the requirements of paragraph (q)(7): Provid ed, that the applicable requirements of this regulation are otherwise met.

(8) Emission limitations for Presidential or guber natorial variance. In the case of a permit issued pursuant to paragraph (q)(5) or (6) the source or m odification shall comply with such emission limitat ions as may be necessary to assure that emissions of sul fur dioxide from the source or modification would n ot (during any day on which the otherwise applicable m aximum allowable increases are exceeded) cause or

contribute to concentrations which would exceed the following maximum allowable increases over the

baseline concentration and to assure that such emis sions would not cause or contribute to concentratio ns which exceed the otherwise applicable maximum allow able increases for periods of exposure of 24 hours or less for more than 18 days, not necessarily cons ecutive, during any annual period:

MAXIMUM ALLOWABLE INCREASE (Micrograms per cubic meter)

Terrain Areas Period of exposure Low High

24-hr maximum 36 62

3-hr maximum 130 221Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 144

General Amendments to R. 61-62 June 15, 2011 (q) Public participation.

(1) Within 30 days after receipt of an application to construct, or any addition to such application, the Department shall advise the applicant of any de ficiency in the application or in the information submitted and transmit a copy of such application t o EPA. In the event of such a deficiency, the date of receipt of the application shall be, for the purpos e of this regulation, the date on which the Departm ent received all required information.

(2) In accordance with Regulation 61-30, Environmental Protection Fees , the Department shall make a final determination on the application. This involves performing the following actions in a tim ely

manner:

(i) Make a preliminary determination whether cons truction should be approved, approved with conditions, or disapproved.

(ii) Make available in at least one location in e ach region in which the proposed source or modification would be constructed a copy of all mat erials the applicant submitted, a copy of the preliminary determination and a copy or summary of other materials, if any, considered in making the preliminary determination.

(iii) Notify the public, by advertisement in a ne wspaper of general circulation in each region in which the proposed source or modification would be constructed, of the application, the preliminary determination, the degree of increment consumption that is expected from the source or modification, and the opportunity for comment at a public hearing as well as written public comment.

(iv) Send a copy of the notice of public comment to the applicant, the Administrator of EPA, and to officials and agencies having cognizanc e over the location where the proposed construction

would occur as follows: The chief executives of the city and county where the source or modification would be located, any comprehensive regional land u se planning agency and any State, Federal Land Manager, or Indian Governing Body whose lands may b e affected by emissions from the source or

modification.

(v) Provide opportunity for a public hearing for interested persons to appear and submit written or oral comments on the air quality impact of the source or modification, alternatives to the plant or modification, the control technology required, a nd other appropriate considerations.

(vi) Consider all written comments submitted with in a time specified in the notice of public comment and all comments received at any pub lic hearing(s) in making a final decision on the approvability of the application. No later than 10 days after the close of the public comment period, the applicant may submit a written response to any comm ents submitted by the public. The Department shall consider the applicant’s response in making a final decision. The Department shall make all comments available for public inspection in the same locatio ns where the Department made available preconstruction information relating to the propose d source or modification.

(vii) Make a final determination whether construc tion should be approved, approved with conditions, or disapproved pursuant to this section

.

(viii) Notify the applicant in writing of the fin al determination and make such notification available for public inspection at the same locatio n where the Department made available preconstructi on information and public comments relating to the sou rce or modification.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 145

General Amendments to R. 61-62 June 15, 2011 (ix) Notify EPA of every action related to the co nsideration of the permit.

(3) The requirements of Section (q), Public Partic ipation, of this standard shall not apply to any major plant or major modification which Section (i) , Exemptions, would exempt from the requirements of Sections (k), (m), and (o), but only to the extent that, with respect to each of the criteria for cons truction approval under the South Carolina State Implementat ion Plan and for exemption under Section (i), requirements providing the public with at least as much participation in each material determination a s those of Section (q) have been met in the granting of such construction approval.

(r) Source obligation. In addition to all other applicable requirements sp ecified in this regulation, the owner or operator shall comply with the requirement s of paragraphs (r)(1) through (r)(8).

(1) Any owner or operator who constructs or operat es a source or modification not in accordance with the application submitted pursuant to this sec tion or with the terms of any approval to construct , or any owner or operator of a source or modification s ubject to this section who commences construction after the effective date of these regulations witho ut applying for and receiving approval hereunder, s hall be subject to appropriate enforcement action.

(2) Approval to construct shall become invalid if construction is not commenced within 18 months after receipt of such approval, if construct ion is discontinued for a period of 18 months or mo re, or if construction is not completed within a reason able time. The Department may extend the 18-month period upon a satisfactory showing that an extensio n is justified. This provision does not apply to th e time period between construction of the approved phases of a phased construction project; each phase must commence construction within 18 months of the proje cted and approved commencement date.

(3) Approval to construct shall not relieve any ow ner or operator of the responsibility to comply fully with applicable provisions of the State imple mentation plan and any other requirements under loc al, State, or Federal law.

(4) At such time that a particular source or modif ication becomes a major stationary source or major modification solely by virtue of a relaxation in any enforceable limitation which was establishe d after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, suc h as a restriction on hours of operation, then the require ments or paragraphs (j) through (r) shall apply to the source or modification as though construction had n ot yet commenced on the source or modification.

(5) Reserved

(6) Monitoring, recordkeeping and reporting. The provisions of this paragraph (r)(6) apply to projects at an existing emissions unit at a major s tationary source (other than projects at a source w ith a PAL) in circumstances where there is a reasonable p ossibility that a project that is not a part of a m ajor modification may result in a significant emissions increase and the owner or operator elects to use th e method specified in paragraphs (b)(41)(ii)(a) throu gh (c) for calculating projected actual emissions.

(i) If the project requires construction permitti ng under Regulation 61-62.1, Section II “Permit Requirements”, the owner or operator shall provide a copy of the information set out in paragr aph (r)(6)(ii) as part of the permit application to the Department. If construction permitting under Regul ation 61-62.1, Section II “Permit Requirements” is not re quired, the owner or operator shall maintain the information set out in paragraph (r)(6)(ii).Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 146

General Amendments to R. 61-62 June 15, 2011 (ii) Before beginning actual construction of the project, the owner or operator shall document and maintain a record of the following inf ormation:

(a) A description of the project;

(b) Identification of the emissions unit(s) whos e emissions of a regulated NSR pollutant could be affected by the project; and

(c) A description of the applicability test used to determine that the project is not a major modification for any regulated NSR pollutan t, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under paragraph (b)(41)(ii)(c) and an explanation for why such amount was excluded, and a ny netting calculations, if applicable.

(iii) The owner or operator shall monitor the e missions of any regulated NSR pollutant that could increase as a result of th e project and that is emitted by any emissions unit identified in paragraph (r)(6)(ii)(b); and calculat e and maintain a record of the annual emissions, in tons per year on a calendar year basis, for a period of 5 years following resumption of regular operations after the change, or for a period of 10 years following r esumption of regular operations after the change if the project increases the design capacity of or potenti al to emit that regulated NSR pollutant at such emi ssions

unit.

(iv) If the unit is an existing electric utility steam generating unit, the owner or operator shall submit a report to the Department within 60 d ays after the end of each year during which records must be generated under paragraph (r)(6)(iii) setti ng out the unit's annual emissions during the calen dar year that preceded submission of the report.

(v) If the unit is an existing unit other than an electric utility steam generating unit, the owner or operator shall submit a report to the Depa rtment if the annual emissions, in tons per year, f rom the project identified in paragraph (r)(6)(ii), exc eed the baseline actual emissions (as documented an d maintained pursuant to paragraph (r)(6)(ii)(c)), by a significant amount (as defined in paragraph (b)( 49)) for that regulated NSR pollutant, and if such emiss ions differ from the preconstruction projection as documented and maintained pursuant to paragraph (r) (6)(ii)(c). Such report shall be submitted to the Department within 60 days after the end of such yea r. The report shall contain the following:

(a) The name, address and telephone number of th e major stationary source;

(b) The annual emissions as calculated pursuant to paragraph (r)(6)(iii); and

(c) Any other information needed to make a compl iance determination ( e.g. , an explanation as to why the emissions differ from the preconstruction projection).

(7) If a project at a source with a PAL requires c onstruction permitting under Regulation 61-62.1, Section II, “Permit Requirements”, the owner or ope rator shall provide notification of source status a s part of the permit application to the Department.

(8) The owner or operator of the source shall make the information required to be documented and maintained pursuant to paragraph (r)(6) availab le for review upon a request for inspection by the Department or the general public pursuant to the re quirements contained in 40 CFR 70.4(b)(3)(viii).

(s) through (u)(3) - Reserved.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 147

General Amendments to R. 61-62 June 15, 2011 (u)(4) In the case of a source or modification whic h proposes to construct in a class III area, emissi ons from which would cause or contribute to air quality exceeding the maximum allowable increase applicable if the area were designated a class II a rea, and where no standard under section 111 of the act has been promulgated for such source category, the Administrator must approve the determination of bes t available control technology as set forth in the pe rmit.

(v) Innovative control technology.

(1) An owner or operator of a proposed major stati onary source or major modification may request the Department in writing no later than the close of the comment period under 40 CFR 124.10 to approve a system of innovative control technology.

(2) The Department shall, with the consent of the governor(s) of the affected state(s), determine that the source or modification may employ a system of innovative control technology, if:--

(i) The proposed control system would not cause o r contribute to an unreasonable risk to public health, welfare, or safety in its operation or function;

(ii) The owner or operator agrees to achieve a le vel of continuous emissions reduction equivalent to that which would have been required u nder paragraph (j)(2), by a date specified by the Department. Such date shall not be later than 4 yea rs from the time of startup or 7 years from permit issuance;

(iii) The source or modification would meet the r equirements of paragraphs (j) and (k), based on the emissions rate that the stationary sou rce employing the system of innovative control technology would be required to meet on the date sp ecified by the Department;

(iv) The source or modification would not before the date specified by the Department:

(a) Cause or contribute to a violation of an app licable national ambient air quality standard; or

(b) Impact any area where an applicable incremen t is known to be violated; and

(v) All other applicable requirements including t hose for public participation have been

met.

(vi) The provisions of paragraph (p) (relating to Class I areas) have been satisfied with respect to all periods during the life of the sourc e or modification.

(3) The Department shall withdraw any approval to employ a system of innovative control technology made under this section, if:

(i) The proposed system fails by the specified da te to achieve the required continuous emissions reduction rate; or

(ii) The proposed system fails before the specifi ed date so as to contribute to an unreasonable risk to public health, welfare, or saf ety; or

(iii) The Department decides at any time that the proposed system is unlikely to achieve the required level of control or to protect the pub lic health, welfare, or safety.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 148

General Amendments to R. 61-62 June 15, 2011 (4) If a source or modification fails to meet the required level of continuous emission reduction within the specified time period or the approval is withdrawn in accordance with paragraph (v)(3), the Department may allow the source or modification up to an additional 3 years to meet the requirement fo r the application of best available control technolog y through use of a demonstrated system of control.

(w) Permit rescission

.

(1) Any permit issued under this section or a prio r version of this regulation shall remain in effect

, unless and until it expires or is rescinded.

(2) Any owner or operator of a stationary source o r modification who holds a permit for the

source or modification which was issued under 40 CF R 52.21 as in effect on July 30, 1987, or any earli er version of this regulation, may request that the Ad ministrator rescind the permit or a particular port ion of the permit.

(3) The Department shall grant an application for rescission if the application shows that this section would not apply to the source or modificati on.

(4) If the Department rescinds a permit under this paragraph, the public shall be given adequate

notice of the rescission. Publication of an announc ement of rescission in a newspaper of general circulation in the affected region within 60 days o f the rescission shall be considered adequate notic e.

(x) [Reserved]

(y) [Reserved]

(z) [Reserved]

(aa) Actuals PALs. The provisions in paragraphs (aa)(1) through (15) govern actuals PALs.

(1) Applicability.

(i) The Department may approve the use of an actu als PAL for any existing major stationary source if the PAL meets the requirements in paragraphs (aa)(1) through (15). The term "PAL" shall mean "actuals PAL" throughout paragraph (aa).

(ii) Any physical change in or change in the meth od of operation of a major stationary

source that maintains its total source-wide emissio ns below the PAL level, meets the requirements in paragraphs (aa)(1) through (15), and complies with the PAL permit:

(a) Is not a major modification for the PAL poll utant;

(b) Does not have to be approved through Regulat ion 61-62.5, Standard 7, Prevention of Significant Deterioration . However, will be reviewed through R. 61-62.1, Sec tion II A. Permit Requirements ; and

(c) Is not subject to the provisions in paragrap h (r)(4) (restrictions on relaxing enforceable emission limitations that the major sta tionary source used to avoid applicability of the m ajor NSR program).Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 149

General Amendments to R. 61-62 June 15, 2011 (iii) Except as provided under paragraph (aa)(1)( ii)(c), a major stationary source shall continue to comply with all applicable Federal or S tate requirements, emission limitations, and work practice requirements that were established prior t o the effective date of the PAL.

(2) Definitions. The definitions in paragraphs (aa)(2)(i) through ( xi) shall apply to actual PALs consistent with paragraphs (aa)(1) through (15). Wh en a term is not defined in these paragraphs, it sh all have the meaning given in paragraph (b) or in the C lean Air Act.

(i) Actuals PAL for a major stationary source means a PAL based on the baseline actual emissions (as defined in paragraph (b)(4)) of all e missions units (as defined in paragraph (b)(20)) at the source, that emit or have the potential to emit the PAL pollutant.

(ii) “Allowable emissions” means "allowable emissions" as defined in paragrap h (b)(3), except as this definition is modified according to paragraphs (aa)(2)(ii)(a) and (b).

(a) The allowable emissions for any emissions un it shall be calculated considering any emission limitations that are enfor ceable as a practical matter on the emissions unit' s potential to emit.

(b) An emissions unit's potential to emit shall be determined using the definition in paragraph (b)(37), except that the words "or enf orceable as a practical matter" should be added aft er "federally enforceable."

(iii) “Small emissions unit” means an emissions unit that emits or has the pote ntial to emit the PAL pollutant in an amount less than the s ignificant level for that PAL pollutant, as defined in paragraph (b)(49) or in the Clean Air Act, whicheve r is lower.

(iv) “Major emissions unit” means:

(a) Any emissions unit that emits or has the pot ential to emit 100 tons per year or more of the PAL pollutant in an attainment area; or

(b) Any emissions unit that emits or has the pot ential to emit the PAL pollutant in an amount that is equal to or greater than the majo r source threshold for the PAL pollutant as defined by

the Clean Air Act for nonattainment areas. For exam ple, in accordance with the definition of major stationary source in section 182(c) of the Clean Ai r Act, an emissions unit would be a major emissions

unit for VOC if the emissions unit is located in a serious ozone nonattainment area and it emits or ha s the potential to emit 50 or more tons of VOC per year.

(v) “Plantwide applicability limitation (PAL)” means an emission limitation expressed in tons per year, for a pollutant at a major statio nary source, that is enforceable as a practical mat ter and established source-wide in accordance with paragrap hs (aa)(1) through (15).

(vi) “PAL effective date” generally means the date of issuance of the PAL pe rmit. However, the PAL effective date for an increased PA L is the date any emissions unit that is part of th e PAL major modification becomes operational and begi ns to emit the PAL pollutant.

(vii) “PAL effective period” means the period beginning with the PAL effective d ate and ending 10 years later.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 150

General Amendments to R. 61-62 June 15, 2011 (viii) “PAL major modification” means, notwithstanding paragraphs (b)(30) and (b)( 34) (the definitions for major modification and net emi ssions increase), any physical change in or change in the method of operation of the PAL source that caus es it to emit the PAL pollutant at a level equal to or greater than the PAL.

(ix) “PAL permit” means the major NSR permit, the minor NSR permit, or the State operating permit under Regulation 61-62.1, Section II G, or the title V permit issued by the Departmen t that establishes a PAL for a major stationary sourc e.

(x) “PAL pollutant” means the pollutant for which a PAL is established at a major stationary source.

(xi) “Significant emissions unit” means an emissions unit that emits or has the pote ntial to emit a PAL pollutant in an amount that is equal to or greater than the significant level (as define d in paragraph (b)(49) or in the Clean Air Act, whicheve r is lower) for that PAL pollutant, but less than t he amount that would qualify the unit as a major emiss ions unit as defined in paragraph (aa)(2)(iv).

(3) Permit application requirements. As part of a permit application requesting a PAL, the owner or operator of a major stationary source shal l submit the following information to the Departmen t for approval:

(i) A list of all emissions units at the source d esignated as small, significant or major based on their potential to emit. In addition, the owner or operator of the source shall indicate whic h, if any, Federal or State applicable requirements, emis sion limitations, or work practices apply to each u nit.

(ii) Calculations of the baseline actual emission s (with supporting documentation).

Baseline actual emissions are to include emissions associated not only with operation of the unit, but also emissions associated with startup, shutdown, and ma lfunctions.

(iii) The calculation procedures that the major s tationary source owner or operator proposes to use to convert the monitoring system da ta to monthly emissions and annual emissions based on a 12-month rolling total for each month as requi red by paragraph (aa)(13)(i).

(4) General requirements for establishing PALs.

(i) The Department is allowed to establish a PAL at a major stationary source, provided that at a minimum, the requirements in paragraphs ( aa)(4)(i)(a) through (g) are met.

(a) The PAL shall impose an annual emission limi tation in tons per year, that is enforceable as a practical matter, for the entire m ajor stationary source. For each month during the P AL effective period after the first 12 months of estab lishing a PAL, the major stationary source owner or operator shall show that the sum of the monthly emi ssions from each emissions unit under the PAL for the previous 12 consecutive months is less than the PAL (a 12-month average, rolled monthly). For each month during the first 11 months from the PAL effec tive date, the major stationary source owner or operator shall show that the sum of the preceding m onthly emissions from the PAL effective date for ea ch

emissions unit under the PAL is less than the PAL.

(b) The PAL shall be established in a PAL permit that meets the public participation requirements in paragraph (aa)(5).

(c) The PAL permit shall contain all the require ments of paragraph (aa)(7).Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 151

General Amendments to R. 61-62 June 15, 2011 (d) The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions units that emit or have the potential to emit the PAL pollutant at the major stationary sour ce.

(e) Each PAL shall regulate emissions of only on e pollutant.

(f) Each PAL shall have a PAL effective period o f 10 years.

(g) The owner or operator of the major stationar y source with a PAL shall comply with the monitoring, recordkeeping, and repo rting requirements provided in paragraphs (aa)(12) through (14) for each emissions unit under the PAL through the PAL effective period.

(ii) At no time (during or after the PAL effectiv e period) are emissions reductions of a PAL pollutant that occur during the PAL effective p eriod creditable as decreases for purposes of offse ts under 40 CFR 51.165(a)(3)(ii) unless the level of t he PAL is reduced by the amount of such emissions

reductions and such reductions would be creditable in the absence of the PAL.

(5) Public participation requirements for PALs. PALs for existing major stationary sources shall be established, renewed, or increased through a procedure that is consistent with section (q) “P ublic Participation” of this regulation. The Department m ust address all material comments before taking fin al action on the permit.

(6) Setting the 10-year actuals PAL level.

(i) Except as provided in paragraph (aa)(6)(ii), the actuals PAL level for a major stationary source shall be established as the sum o f the baseline actual emissions (as defined in para graph (b)(4)) of the PAL pollutant for each emissions uni t at the source; plus an amount equal to the applic able significant level for the PAL pollutant under parag raph (b)(49) or under the Clean Air Act, whichever is lower. When establishing the actuals PAL level, for a PAL pollutant, only one consecutive 24-month period must be used to determine the baseline actua l emissions for all existing emissions units. Howev er, a different consecutive 24-month period may be used for each different PAL pollutant. Emissions associated with units that were permanently shut do wn after this 24-month period must be subtracted from the PAL level. The Department shall specify a reduced PAL level(s) (in tons/yr) in the PAL permit to become effective on the future compliance date(s ) of any applicable Federal or State regulatory requirement(s) that the Department is aware of prio r to the issuance of the PAL permit. For instance, if the source owner or operator will be required to re duce emissions from industrial boilers in half from baseline emissions of 60 ppm NO

x to a new rule limit of 30 ppm, then the permit sha ll contain a future effective PAL level that is equal to the current PA L level reduced by half of the original baseline emissions of such unit(s).

(ii) Emissions from units (which do not include m odification to existing units) on which operation began less than 24-months prior to the da te of the PAL permit application must be added to t he PAL level in an amount equal to the potential to em it of the units.

(7) Contents of the PAL permit. The PAL permit must contain, at a minimum, the inf ormation in paragraphs (aa)(7)(i) through (x).

(i) The PAL pollutant and the applicable source-w ide emission limitation in tons per year.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 152

General Amendments to R. 61-62 June 15, 2011 (ii) The PAL permit effective date and the expira tion date of the PAL (PAL effective period).

(iii) Specification in the PAL permit that if a m ajor stationary source owner or operator applies to renew a PAL in accordance with paragraph (aa)(10) before the end of the PAL effective perio d, then the PAL shall not expire at the end of the PAL effective period. It shall remain in effect until a revised PAL permit is issued by the Department.

(iv) A requirement that emission calculations for compliance purposes must include emissions from startups, shutdowns, and malfunction s.

(v) A requirement that, once the PAL expires, the major stationary source is subject to the requirements of paragraph (aa)(9).

(vi) The calculation procedures that the major st ationary source owner or operator shall use to convert the monitoring system data to monthl y emissions and annual emissions based on a 12- month rolling total as required by paragraph (aa)(1 3)(i).

(vii) A requirement that the major stationary sou rce owner or operator monitor all emissions units in accordance with the provisions u nder paragraph (aa)(12).

(viii) A requirement to retain the records requir ed under paragraph (aa)(13) on site. Such records may be retained in an electronic format.

(ix) A requirement to submit the reports required under paragraph (aa)(14) by the required deadlines.

(x) Any other requirements that the Department de ems necessary to implement and

enforce the PAL.

(8) PAL effective period and reopening of the PAL permi t. The requirements in paragraphs (aa)(8)(i) and (ii) apply to actuals PALs.

(i) PAL effective period. The Department shall specify a PAL effective perio d of 10

years.

(ii) Reopening of the PAL permit.

(a) During the PAL effective period, the Departm ent must reopen the PAL permit

to:

(1) Correct typographical/calculation errors ma de in setting the PAL or

reflect a more accurate determination of emissions used to establish the PAL;

(2) Reduce the PAL if the owner or operator of the major stationary

source creates creditable emissions reductions for use as offsets under 40 CFR 51.165(a)(3)(ii); and

(3) Revise the PAL to reflect an increase in th e PAL as provided under paragraph (aa)(11).Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 153

General Amendments to R. 61-62 June 15, 2011 (b) The Department shall have discretion to reop en the PAL permit for the following:

(1) Reduce the PAL to reflect newly applicable Federal requirements (for example, NSPS) with compliance dates after the PAL effective date;

(2) Reduce the PAL consistent with any other re quirement, that is enforceable as a practical matter, and that the Sta te may impose on the major stationary source under the State Implementation Plan; and

(3) Reduce the PAL if the Department determines that a reduction is necessary to avoid causing or contributing to a NAA QS or PSD increment violation, or to an adverse impact on an air quality related value that has bee n identified for a Federal Class I area by a Federa l Land Manager and for which information is available to t he general public.

(c) Except for the permit reopening in paragraph (aa)(8)(ii)(a)(1) for the correction of typographical/calculation errors that do not increase the PAL level, all other reopening s shall be carried out in accordance with the public participation requirements of paragraph (aa)(5).

(9) Expiration of a PAL. Any PAL that is not renewed in accordance with the procedures in paragraph (aa)(10) shall expire at the end of the P AL effective period, and the requirements in paragr aphs (aa)(9)(i) through (v) shall apply.

(i) Each emissions unit (or each group of emissio ns units) that existed under the PAL shall comply with an allowable emission limitation under a revised permit established according to the procedures in paragraphs (aa)(9)(i)(a) and (b).

(a) Within the time frame specified for PAL rene wals in paragraph (aa)(10)(ii), the major stationary source shall submit a proposed allowable emission limitation for each emissions u nit (or each group of emissions units, if such a distri bution is more appropriate as decided by the Depart ment) by distributing the PAL allowable emissions for the major stationary source among each of the emission s units that existed under the PAL. If the PAL had no t yet been adjusted for an applicable requirement t hat became effective during the PAL effective period, a s required under paragraph (aa)(10)(v), such

distribution shall be made as if the PAL had been a djusted.

(b) The Department shall decide whether and how the PAL allowable emissions will be distributed and issue a revised permit inco rporating allowable limits for each emissions unit, or each group of emissions units, as the Department de termines is appropriate.

(ii) Each emissions unit(s) shall comply with the allowable emission limitation on a 12- month rolling basis. The Department may approve the use of monitoring systems (source testing, emission factors, etc.) other than CEMS, CERMS, PEM S, or CPMS to demonstrate compliance with the

allowable emission limitation.

(iii) Until the Department issues the revised per mit incorporating allowable limits for each emissions unit, or each group of emissions uni ts, as required under paragraph (aa)(9)(i)(b), the source shall continue to comply with a source-wide, multi-unit emissions cap equivalent to the level o f

the PAL emission limitation.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 154

General Amendments to R. 61-62 June 15, 2011 (iv) Any physical change or change in the method of operation at the major stationary source will be subject to major NSR requirements if such change meets the definition of major modification in paragraph (b)(30).

(v) The major stationary source owner or operator shall continue to comply with any State or Federal applicable requirements (BACT, RAC T, NSPS, etc.) that may have applied either during the PAL effective period or prior to the PAL effect ive period except for those emission limitations th at had been established pursuant to paragraph (r)(4), but were eliminated by the PAL in accordance with t he provisions in paragraph (aa)(1)(ii)(c).

(10) Renewal of a PAL.

(i) The Department shall follow the procedures sp ecified in paragraph (aa)(5) in approving any request to renew a PAL for a major st ationary source, and shall provide both the propose d PAL level and a written rationale for the proposed PAL level to the public for review and comment. During such public review, any person may propose a PAL level for the source for consideration by the Department.

(ii) Application deadline. A major stationary source owner or operator shall submit a timely application to the Department to request ren ewal of a PAL. A timely application is one that is submitted at least 6 months prior to, but not earli er than 18 months from, the date of permit expirati on. This deadline for application submittal is to ensur e that the permit will not expire before the permit is renewed. If the owner or operator of a major statio nary source submits a complete application to renew the PAL within this time period, then the PAL shall continue to be effective until the revised permit with

the renewed PAL is issued.

(iii) Application requirements. The application to renew a PAL permit shall contai n the information required in paragraphs (aa)(10)(iii)(a) through (d).

(a) The information required in paragraphs (aa)( 3)(i) through (iii).

(b) A proposed PAL level.

(c) The sum of the potential to emit of all emis sions units under the PAL (with supporting documentation).

(d) Any other information the owner or operator wishes the Department to consider in determining the appropriate level for r enewing the PAL.

(iv) PAL adjustment. In determining whether and how to adjust the PAL, the Department shall consider the options outlined in p aragraphs (aa)(10)(iv)(a) and (b). However, in no c ase may any such adjustment fail to comply with paragra ph (aa)(10)(iv)(c).

(a) If the emissions level calculated in accorda nce with paragraph (aa)(6) is equal to or greater than 80 percent of the PAL level, the Department may renew the PAL at the same level without considering the factors set forth in paragr aph (aa)(10)(iv)(b); or

(b) The Department may set the PAL at a level th at it determines to be more representative of the source's baseline actual emis sions, or that it determines to be more appropriate considering air quality needs, advances in control technology, anticipated economic growth in the area

,Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 155

General Amendments to R. 61-62 June 15, 2011 desire to reward or encourage the source's voluntar y emissions reductions, or other factors as specifi cally identified by the Department in its written rationa le.

(c) Notwithstanding paragraphs (aa)(10)(iv)(a) a nd (b):

(1) If the potential to emit of the major stati onary source is less than the PAL, the Department shall adjust the PAL to a level no greater than the potential to emit of the sourc e; and

(2) The Department shall not approve a renewed PAL level higher than the current PAL, unless the major stationary source has complied with the provisions of paragraph (aa)(11) (increasing a PAL).

(v) If the compliance date for a State or Federal requirement that applies to the PAL source occurs during the PAL effective period, and if the Department has not already adjusted for such requirement, the PAL shall be adjusted at the time of PAL permit renewal or title V permit renewal,

whichever occurs first.

(11) Increasing a PAL during the PAL effective period.

(i) The Department may increase a PAL emission li mitation only if the major stationary source complies with the provisions in paragraphs ( aa)(11)(i)(a) through (d).

(a) The owner or operator of the major stationar y source shall submit a complete application to request an increase in the PAL limit for a PAL major modification. Such application sha ll identify the emissions unit(s) contributing to the increase in emissions so as to cause the major stat ionary source's emissions to equal or exceed its PAL.

(b) As part of this application, the major stati onary source owner or operator shall

demonstrate that the sum of the baseline actual emi ssions of the small emissions units, plus the sum o f the baseline actual emissions of the significant and ma jor emissions units assuming application of BACT equivalent controls, plus the sum of the allowable emissions of the new or modified emissions unit(s)

exceeds the PAL. The level of control that would re sult from BACT equivalent controls on each significant or major emissions unit shall be determ ined by conducting a new BACT analysis at the time the application is submitted, unless the emissions unit is currently required to comply with a BACT or LAER requirement that was established within the pr eceding 10 years. In such a case, the assumed control level for that emissions unit shall be equa l to the level of BACT or LAER with which that emissions unit must currently comply.

(c) The owner or operator obtains a major NSR pe rmit for all emissions unit(s) identified in paragraph (aa)(11)(i)(a), regardless of the magnitude of the emissions increase resultin g from them (that is, no significant levels apply). These emissions unit(s) shall comply with any emissions requirements resulting from the major NSR process ( for example, BACT), even though they have also become subject to the PAL or continue to be subject to the PAL.

(d) The PAL permit shall require that the increa sed PAL level shall be effective on the day any emissions unit that is part of the P AL major modification becomes operational and begin s to emit the PAL pollutant.

(ii) The Department shall calculate the new PAL a s the sum of the allowable emissions for each modified or new emissions unit, plus the s um of the baseline actual emissions of the signific antRevisions to the South Carolina Air Implementation Plan Text of Regulations – Page 156

General Amendments to R. 61-62 June 15, 2011 and major emissions units (assuming application of BACT equivalent controls as determined in accordance with paragraph (aa)(11)(i)(b)), plus the sum of the baseline actual emissions of the small

emissions units.

(iii) The PAL permit shall be revised to reflect the increased PAL level pursuant to the public notice requirements of paragraph (aa)(5).

(12) Monitoring requirements for PALs. (i) General requirements. (a) Each PAL permit must contain enforceable requirements for the monitoring system that accurately determines plantwide emissions of the PAL pollutant in terms of mass per unit of time. Any monitoring system authorized for use in the PAL permit must be based on sound scienc e and meet generally acceptable scientific procedures for data quality and manipulation. Addit ionally, the information generated by such system must meet minimum legal requirements for admissibil ity in a judicial proceeding to enforce the PAL permit.

(b) The PAL monitoring system must employ one or more of the four general monitoring approaches meeting the minimum requireme nts set forth in paragraphs (aa)(12)(ii)(a) through (d) and must be approved by the Department.

(c) Notwithstanding paragraph (aa)(12)(i)(b), th e owner or operator may also employ an alternative monitoring approach that meet s paragraph (aa)(12)(i)(a) if approved by the Department.

(d) Failure to use a monitoring system that meet s the requirements of this regulation renders the PAL invalid.

(ii) Minimum performance requirements for approve d monitoring approaches. The following are acceptable general monitoring approac hes when conducted in accordance with the minimum requirements in paragraphs (aa)(12)(iii) th rough (ix):

(a) Mass balance calculations for activities usi ng coatings or solvents;

(b) CEMS;

(c) CPMS or PEMS; and

(d) Emission factors.

(iii) Mass balance calculations. An owner or oper ator using mass balance calculations to monitor PAL pollutant emissions from activities usi ng coating or solvents shall meet the following requirements:

(a) Provide a demonstrated means of validating t he published content of the PAL pollutant that is contained in or created by all ma terials used in or at the emissions unit;

(b) Assume that the emissions unit emits all of the PAL pollutant that is contained in or created by any raw material or fuel used in or at the emissions unit, if it cannot oth erwise be accounted for in the process; and

(c) Where the vendor of a material or fuel, whic h is used in or at the emissions unit, publishes a range of pollutant content from s uch material, the owner or operator must use the hi ghestRevisions to the South Carolina Air Implementation Plan Text of Regulations – Page 157

General Amendments to R. 61-62 June 15, 2011 value of the range to calculate the PAL pollutant e missions unless the Department determines there is site-specific data or a site-specific monitoring pr ogram to support another content within the range.

(iv) CEMS. An owner or operator using CEMS to mon itor PAL pollutant emissions shall meet the following requirements:

(a) CEMS must comply with applicable Performance Specifications found in 40 CFR 60, appendix B; and

(b) CEMS must sample, analyze and record data at least every 15 minutes while the emissions unit is operating.

(v) CPMS or PEMS. An owner or operator using CPMS or PEMS to monitor PAL pollutant emissions shall meet the following requir ements:

(a) The CPMS or the PEMS must be based on curren t site-specific data demonstrating a correlation between the monitored p arameter(s) and the PAL pollutant emissions across the range of operation of the emissions unit; and

(b) Each CPMS or PEMS must sample, analyze, and record data at least every 15 minutes, or at another less frequent interval appro ved by the Department, while the emissions unit is operating.

(vi) Emission factors. An owner or operator using emission factors to monitor PAL pollutant emissions shall meet the following requir ements:

(a) All emission factors shall be adjusted, if a ppropriate, to account for the degree of uncertainty or limitations in the factors' devel opment;

(b) The emissions unit shall operate within the designated range of use for the emission factor, if applicable; and

(c) If technically practicable, the owner or ope rator of a significant emissions unit

that relies on an emission factor to calculate PAL pollutant emissions shall conduct validation testin g to determine a site-specific emission factor within 6 months of PAL permit issuance, unless the Departmen t determines that testing is not required.

(vii) A source owner or operator must record and report maximum potential emissions without considering enforceable emission limitation s or operational restrictions for an emissions unit during any period of time that there is no monitori ng data, unless another method for determining emissions during such periods is specified in the P AL permit.

(viii) Notwithstanding the requirements in paragr aphs (aa)(12)(iii) through (vii), where an owner or operator of an emissions unit cannot demon strate a correlation between the monitored parameter(s) and the PAL pollutant emissions rate a t all operating points of the emissions unit, the Department shall, at the time of permit issuance:

(a) Establish default value(s) for determining c ompliance with the PAL based on the highest potential emissions reasonably estimate d at such operating point(s); orRevisions to the South Carolina Air Implementation Plan Text of Regulations – Page 158

General Amendments to R. 61-62 June 15, 2011 (b) Determine that operation of the emissions un it during operating conditions when there is no correlation between monitored para meter(s) and the PAL pollutant emissions is a

violation of the PAL.

(ix) Re-validation. All data used to establish th e PAL pollutant must be re-validated through performance testing or other scientifically valid means approved by the Department. Such testi ng must occur at least once every 5 years after issuan ce of the PAL.

(13) Recordkeeping requirements

. (i) The PAL permit shall require an owner or opera tor to retain a copy of all records necessary to determine compliance with any requirement of paragraph (aa) and of the PAL, including a determination of each e missions unit's 12-month rolling total emissions, f or 5 years from the date of such record.

(ii) The PAL permit shall require an owner or ope rator to retain a copy of the following records for the duration of the PAL effective perio d plus 5 years:

(a) A copy of the PAL permit application and any applications for revisions to the PAL; and

(b) Each annual certification of compliance purs uant to title V and the data relied on in certifying the compliance.

(14) Reporting and notification requirements

. The owner or operator shall submit semi-annual monitoring reports and prompt deviation reports to the Department in accordance with the applicable ti tle V operating permit program. The reports shall meet the requirements in paragraphs (aa)(14)(i) through (iii).

(i) Semi-annual report. The semi-annual report shall be submitted to the D epartment within 30 days of the end of each reporting period. This report shall contain the information required in paragraphs (aa)(14)(i)(a) through (g).

(a) The identification of owner and operator and the permit number.

(b) Total annual emissions (tons/year) based on a 12-month rolling total for each month in the reporting period recorded pursuant to paragraph (aa)(13)(i).

(c) All data relied upon, including, but not lim ited to, any Quality Assurance or Quality Control data, in calculating the monthly an d annual PAL pollutant emissions.

(d) A list of any emissions units modified or ad ded to the major stationary source during the preceding 6-month period.

(e) The number, duration, and cause of any devia tions or monitoring malfunctions (other than the time associated with z ero and span calibration checks), and any correctiv e action taken.

(f) A notification of a shutdown of any monitori ng system, whether the shutdown was permanent or temporary, the reason for the shut down, the anticipated date that the monitoring syst em will be fully operational or replaced with another monitoring system, and whether the emissions unit monitored by the monitoring system continued to ope rate, and the calculation of the emissions of the pollutant or the number determined by method includ ed in the permit, as provided by (aa)(12)(vii).Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 159

General Amendments to R. 61-62 June 15, 2011 (g) A signed statement by the responsible offici al (as defined by the applicable title V operating permit program) certifying the tr uth, accuracy, and completeness of the information provided in the report.

(ii) Deviation report. The major stationary source owner or operator shal l promptly submit reports of any deviations or exceedance of t he PAL requirements, including periods where no monitoring is available. A report submitted pursuan t to 40 CFR 70.6(a)(3)(iii)(B) shall satisfy this reporting requirement. The deviation reports shall be submitted within the time limits prescribed by t he applicable program implementing 40 CFR 70.6(a)(3)(i ii)(B). The reports shall contain the following

information:

(a) The identification of owner and operator and the permit number;

(b) The PAL requirement that experienced the dev iation or that was exceeded;

(c) Emissions resulting from the deviation or th e exceedance; and

(d) A signed statement by the responsible offici al (as defined by the applicable title V operating permit program) certifying the tr uth, accuracy, and completeness of the information provided in the report.

(iii) Re-validation results. The owner or operator shall submit to the Departme nt the results of any re-validation test or method within 3 months after completion of such test or method.

(15) Transition requirements.

(i) The Department may not issue a PAL that does not comply with the requirements in paragraphs (aa)(1) through (15) after the date thes e provisions become effective.

(ii) The Department may supersede any PAL that wa s established prior to the date these provisions become effective with a PAL that complie s with the requirements of paragraphs (aa)(1) through (15).

(bb) If any provision of this regulation, or the ap plication of such provision to any person or circumstance, is held invalid, the remainder of thi s regulation, or the application of such provision to persons or circumstances other than those as to whi ch it is held invalid, shall not be affected thereb y.

R. 61-62.5, Standard No. 7 History - South Carolina State Register : Vol. 9, Issue No. 5, (Doc. No. 457), May 24, 1985; Vol. 9, Issue No. 5, (Doc. No. 577), May 24, 1985; Vol. 13, Issue No. 2, (Doc. No. 868), February 24, 1989; Vol. 12, Issue No. 4, (Doc. No. 970), April 22, 19 88; Vol. 13, Issue No. 3, (Doc. No. 1053), March 24, 1 989; Vol. 14, Issue No. 9, (Doc. No. 1310), August 24, 1990; Vol. 16, Issue No. 6, (Doc. No. 1507), June 26, 19 92; Vol. 18, Issue No. 11, (Doc. No. 1799), November 2 5, 1994; Vol. 20, Issue No. 4, (Doc. No. 1926), April 26, 1 996; Vol. 25, Issue No. 10, (Doc. No. 2648), October 26 , 2001; Vol. 29, Issue No. 6. (Doc. No. 2943), June 24, 20 05; Vol. 33, Issue No. 4, (Doc. No. 4056), April 24, 2 009;Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 160

General Amendments to R. 61-62 June 15, 2011 Vol. 35, Issue No. 2, (Doc. No. 4160), February 25 , 2011; Vol. 35, Issue No. 5, (Doc No. 4130), May 27, 2011

.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 161

General Amendments to R. 61-62 June 15, 2011 

# Clean Copy, R. 61-62.5, Standard 7.1Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 162

General Amendments to R. 61-62 June 15, 2011 SOUTH CAROLINA

DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL

AIR POLLUTION CONTROL REGULATIONS AND STANDARDS

REGULATION 61-62.5

AIR POLLUTION CONTROL STANDARDS

STANDARD NO. 7.1 NONATTAINMENT NEW SOURCE REVIEW (NSR)

(a) Applicability

(1) This rule applies to all major stationary sour ces constructed or modified in any nonattainment area as designated in 40 CFR 81.341 ("nonattainment area") if the emissions from such facility will ca use or contribute to concentrations of a regulated NSR pollutant (as defined in paragraph (c)(13)) for whi ch the nonattainment area was designated as nonattainm ent. Applicability to this regulation shall be base d on the pollutant emission rate set out in paragraph (c )(14) for only those pollutants for which the area’ s designation is based.

(A) The requirements of paragraph (d) apply to th e construction of any new major stationary source or the major modification of any existing major stationary source, except as provide d in paragraph (b).

(B) No new major stationary source or major modif ication to which the requirements of paragraph (d) apply shall begin actual construction without a permit that states that the major statio nary source or major modification will meet those requir ements. The Department has authority to issue any such permit.

(2) Redesignation to attainment . If any nonattainment area to which this regulatio n applies is later designated in 40 CFR 81.341 as attainment, al l sources in that nonattainment area subject to thi s regulation before the redesignation date shall cont inue to comply with this regulation.

(3) For any area designated as nonattainment a maj or stationary source or major modification that is major for volatile organic compounds or oxides o f nitrogen is also major for ozone.

(b) Applicability procedures.

(1) Except as otherwise provided in paragraphs (b) (7) and (8), and consistent with the definition of major modification contained in paragraph (c)(6) (A), a project is a major modification for a regula ted NSR pollutant if it causes two types of emissions i ncreases – a significant emissions increase (as def ined in paragraph (c)(15), and a significant net emissio ns increase (as defined in paragraphs (c)(8) and (1 5). The project is not a major modification if it does not cause a significant emissions increase. If the project causes a significant emissions increase, then the p roject is a major modification only if it also resu lts in a significant net emissions increase.

(2) The procedure for calculating (before beginnin g actual construction) whether a significant emissions increase ( i.e. , the first step of the process) will occur depends upon the type of emissions units being modified, according to paragraphs (b)(1) thro ugh (6). The procedure for calculating (before beginning actual construction) whether a significan t net emissions increase will occur at the major stationary source ( i.e. , the second step of the process) is contained in t he definition in paragraph (c)(8).Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 163

General Amendments to R. 61-62 June 15, 2011 Regardless of any such preconstruction projections, a major modification results if the project causes a significant emissions increase and a significant ne t emissions increase.

(3) Actual-to-projected-actual applicability test for p rojects that only involve existing

emissions units

. A significant emissions increase of a regulated NS R pollutant is projected to occur if the sum of the difference between the projected actual emissions (as defined in paragraph (c)(11)) and the baseline actual emissions (as defined in paragraphs (c)(2)(A) and (B), as applicable), for each existi ng emissions unit, equals or exceeds the significant a mount for that pollutant (as defined in paragraph (c)(14)).

(4) Actual-to-potential test for projects that only inv olve construction of a new emissions unit(s)

. A significant emissions increase of a regulated NS R pollutant is projected to occur if the sum of the difference between the potential to emit (as de fined in paragraph (b)(37) of Regulation 61-62.5 Standard 7, “ Prevention of Significant Deterioration ” (“Standard 7”)) from each new emissions unit following completion of the project and the baselin e actual emissions (as defined in paragraph (c)(2)( C)) of these units before the project equals or exceeds the significant amount for that pollutant (as defi ned in paragraph (c)(14)).

(5) [Reserved]

(6) Hybrid test for projects that involve multiple type s of emissions units

. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the emissions incr eases for each emissions unit, using the method specified in paragraphs (b)(3) and (4) as applicable with re spect to each emissions unit, for each type of emissions unit equals or exceeds the significant amount for t hat pollutant (as defined in paragraph (c)(14)).

(7) For any major stationary source for a Plantwid e Applicability Limitation (PAL) for a regulated NSR pollutant, the major stationary sourc e shall comply with requirements under paragraph (i ).

(c) Definitions. The following definitions apply to this Standard on ly. Any other term contained within this Standard is as defined where indicated in Regu lation 61-62.5, Standard 7, “ Prevention of Significant

Deterioration. ”

(1)(A) “Actual emissions” means the actual rate of emissions of a regulated NSR pollutant from an emissions unit, as determined in accordance with paragraphs (c)(1)(B) through (D), except that this definition shall not apply for calculating whether a significant emissions increase has occurred, or f or establishing a PAL under paragraph (i). Instead, pa ragraphs (c)(2) and (c)(11) shall apply for those

purposes.

(B) In general, actual emissions as of a particul ar date shall equal the average rate, in tons per year, at which the unit actually emitted the po llutant during a consecutive 24-month period which precedes the particular date and which is represent ative of normal source operation. The Department sh all allow the use of a different time period upon a det ermination that it is more representative of normal source operation. Actual emissions shall be calcula ted using the unit's actual operating hours, produc tion rates, and types of materials processed, stored, or combusted during the selected time period.

(C) The Department may presume that source-specif ic allowable emissions for the unit are equivalent to the actual emissions of the unit.

(D) For any emissions unit that has not begun nor mal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 164

General Amendments to R. 61-62 June 15, 2011 (2) “Baseline actual emissions” means the rate of emissions, in tons per year, of a regulated NSR pollutant, as determined in accordance with par agraphs (c)(2)(A) through (D).

(A) For any existing electric utility steam gener ating unit, baseline actual emissions means the average rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive 24-month period selected by the owner o r operator within the 5-year period immediately preceding when the owner or operator begins actual construction of the project. The Department shall allow the use of a different time period upon a det ermination that it is more representative of normal source operation.

(i) The average rate shall include fugitive emis sions to the extent quantifiable, and emissions associated with startups, and shutdow ns.

(ii) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operat ing above any emission limitation that was legally enforceable during the consecutive 24-month period.

(iii) For a regulated NSR pollutant, when a proj ect involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions fo r the emissions units being changed. A different cons ecutive 24-month period can be used for each regulated NSR pollutant.

(iv) The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determini ng annual emissions, in tons per year, and for adjusting this amount if required by paragraph (c)( 2)(A)(ii).

(B) For an existing emissions unit (other than an electric utility steam generating unit), baseline actual emissions means the average rate, i n tons per year, at which the emissions unit actual ly emitted the pollutant during any consecutive 24-mon th period selected by the owner or operator within the 10-year period immediately preceding either the date the owner or operator begins actual construct ion of the project, or the date a complete permit appli cation is received by the Department for a permit required either under this section or under a plan approved by the Administrator whichever is earlier, except that the 10-year period shall not include an y period earlier than November 15, 1990. The Department reserves the right to determine if the 2 4-month period selected is appropriate.

(i) The average rate shall include fugitive emis sions to the extent quantifiable, and emissions associated with startups and shutdown s.

(ii) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operat ing above an emission limitation that was legally enforceable during the consecutive 24-month period.

(iii) The average rate shall be adjusted downwar d to exclude any emissions that

would have exceeded an emission limitation with whi ch the major stationary source must currently comply, had such major stationary source been requi red to comply with such limitations during the consecutive 24-month period. However, if an emissio n limitation is part of a maximum achievable contro l technology standard that the Administrator proposed or promulgated under 40 CFR 63, the baseline actua l emissions need only be adjusted if the State has ta ken credit for such emissions reductions in an attainment demonstration or maintenance plan consis tent with the requirements of paragraph (d)(1)(c)(viii).Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 165

General Amendments to R. 61-62 June 15, 2011 (iv) For a regulated NSR pollutant, when a proje ct involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions fo r the emissions units being changed. A different cons ecutive 24-month period can be used for each regulated NSR pollutant. (v) The average rate shall not be based on any c onsecutive 24-month period for which there is inadequate information for determini ng annual emissions, in tons per year, and for adjusting this amount if required by paragraphs (c) (2)(B)(ii) and (iii).

(C) For a new emissions unit, the baseline actual emissions for purposes of determining

the emissions increase that will result from the in itial construction and operation of such unit shall equal zero; and thereafter, for all other purposes, shall equal the unit's potential to emit.

(D) For a PAL for a major stationary source, the baseline actual emissions shall be calculated for existing electric utility steam gene rating units in accordance with the procedures cont ained in paragraph (c)(2)(A), for other existing emission s units in accordance with the procedures contained in paragraph (c)(2)(B), and for a new emissions unit i n accordance with the procedures contained in paragraph (c)(2)(C).

(3) “Best available control technology (BACT)” means an emissions limitation (including a visible emissions standard) based on the maximum de gree of reduction for each regulated NSR pollutant which would be emitted from any proposed major stat ionary source or major modification which the Department, on a case-by-case basis, taking into ac count energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatme nt or innovative fuel combustion techniques for contro l of such pollutant. In no event shall application of best available control technology result in emissio ns of any pollutant which would exceed the emission s allowed by any applicable standard under 40 CFR 60 or 61. If the Department determines that technological or economic limitations on the applic ation of measurement methodology to a particular emissions unit would make the imposition of an emis sions standard infeasible, a design, equipment, wor k practice, operational standard, or combination ther eof, may be prescribed instead to satisfy the requirement for the application of BACT. Such stand ard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice or operation

, and shall provide for compliance by means which ach ieve equivalent results.

(4) [Reserved]

(5) “Lowest achievable emission rate (LAER)” means, for any source, the more stringent rate of emissions based on the following:

(A) The most stringent emissions limitation which is contained in the implementation plan of any State for such class or category of sta tionary source, unless the owner or operator of the proposed stationary source demonstrates that such l imitations are not achievable; or

(B) The most stringent emissions limitation which is achieved in practice by such class or category of stationary sources. This limitation, wh en applied to a modification, means the lowest

achievable emissions rate for the new or modified e missions units within a stationary source. In no ev ent shall the application of the term permit a proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under a n applicable new source standard of performance.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 166

General Amendments to R. 61-62 June 15, 2011 (6)(A) “Major modification” means any physical change in or change in the meth od of operation of a major stationary source that would r esult in:

(i) A significant emissions increase of a regula ted NSR pollutant (as defined in paragraph (c)(13)); and

(ii) A significant net emissions increase of tha t pollutant from the major stationary source.

(B) Any significant emissions increase (as define d in paragraph (c)(15)) from any emissions units or net emissions increase (as defin ed in paragraph (c)(8)) at a major stationary sourc e that is significant for volatile organic compounds or ox ides of nitrogen shall be considered significant fo r

ozone.

(C) A physical change or change in the method of operation shall not include:

(i) Routine maintenance, repair and replacement;

(ii) Use of an alternative fuel or raw material by reason of an order under sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailm ent plan pursuant to the Federal Power Act;

(iii) Use of an alternative fuel by reason of an order or rule section 125 of the Clean Air Act;

(iv) Use of an alternative fuel at a steam gener ating unit to the extent that the fuel is generated from municipal solid waste;

(v) Use of an alternative fuel or raw material b y a stationary source which;

(a) The source was capable of accommodating bef ore December 21, 1976, unless such change would be prohibited under any federally enforceable permit condition which was established after December 12, 1976, or

(b) The source is approved to use under any per mit issued under regulations approved pursuant to this section;

(vi) An increase in the hours of operation or in the production rate, unless such change is prohibited under any federally enforceabl e permit condition which was established after December 21, 1976.

(vii) Any change in ownership at a stationary so urce.

(viii) [Reserved]

(ix) The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the project complies with:

(a) The South Carolina State Implementation Pla n, andRevisions to the South Carolina Air Implementation Plan Text of Regulations – Page 167

General Amendments to R. 61-62 June 15, 2011 (b) Other requirements necessary to attain and maintain the national ambient air quality standard during the project and after it is terminated.

(D) This definition shall not apply with respect to a particular regulated NSR pollutant when the major stationary source is complying with the requirements under paragraph (i) for a PAL for that pollutant. Instead, the definition at paragrap h (i)(2)(viii) shall apply.

(7)(A) “Major stationary source” means:

(i) Any stationary source of air pollutants whic h emits, or has the potential to emit 100 tons per year or more of any regulated NSR pollutant, except that lower emissions thresholds shall apply in areas subject to subpart 2, subpart 3, or subpart 4 of part D, title I of the Act, acco rding to paragraphs (c)(7)(A)(i)(a) through (e) of this sect ion.

(a) 50 tons per year of volatile organic compou nds or oxides of nitrogen in any serious ozone nonattainment area.

(b) 50 tons per year of volatile organic compou nds or oxides of nitrogen in an area within an ozone transport region, except for any severe or extreme ozone nonattainment area

.

(c) 25 tons per year of volatile organic compou nds or oxides of nitrogen in any severe ozone nonattainment area.

(d) 10 tons per year of volatile organic compou nds or oxides of nitrogen in any extreme ozone nonattainment area. or

(ii) Any physical change that would occur at a s tationary source not qualifying under paragraph (c)(7)(A)(i) as a major stationary source, if the change would constitute a major stationary source by itself.

(B) A major stationary source that is major for v olatile organic compounds or oxides of nitrogen shall be considered major for ozone.

(C) The fugitive emissions of a stationary source shall not be included in determining for any of the purposes of this paragraph whether it is a major stationary source, unless the source belon gs to one of the following categories of stationary sourc es:

(i) Coal cleaning plants (with thermal dryers);

(ii) Kraft pulp mills;

(iii) Portland cement plants;

(iv) Primary zinc smelters;

(v) Iron and steel mills;

(vi) Primary aluminum ore reduction plants;

(vii) Primary copper smelters;Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 168

General Amendments to R. 61-62 June 15, 2011 (viii) Municipal incinerators capable of charging m ore than 250 tons of refuse per day;

(ix) Hydrofluoric, sulfuric, or nitric acid plants;

(x) Petroleum refineries;

(xi) Lime plants;

(xii) Phosphate rock processing plants;

(xiii) Coke oven batteries;

(xiv) Sulfur recovery plants;

(xv) Carbon black plants (furnace process);

(xvi) Primary lead smelters;

(xvii) Fuel conversion plants;

(xviii) Sintering plants;

(xix) Secondary metal production plants;

(xx) Chemical process plants – The term chemical processing plant shall not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140;

(xxi) Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input;

(xxii) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;

(xxiii) Taconite ore processing plants;

(xxiv) Glass fiber processing plants;

(xxv) Charcoal production plants;

(xxvi) Fossil fuel-fired steam electric plants of m ore than 250 million British thermal units per hour heat input; and

(xxvii) Any other stationary source category which, as of August 7, 1980, is being regulated under section 111 or 112 of the Cle an Air Act.

(8)(A) “Net emissions increase” means, with respect to any regulated NSR pollutant emitted by a major stationary source, the amount by which the sum of the following exceeds zero:Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 169

General Amendments to R. 61-62 June 15, 2011 (i) The increase in emissions from a particular phy sical change or change in the method of operation at a stationary source as calcu lated pursuant to paragraph (b); and

(ii) Any other increases and decreases in actual em issions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable. Baseline actu al emissions for calculating increases and decreases u nder this paragraph (c)(8)(A)(ii) shall be determin ed as provided in paragraph (c)(2), except that paragraph s (c)(2)(A)(iii) and (c)(2)(B)(iv) shall not apply.

(B) An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs before the date that the increase from the particular cha nge

occurs;

(C) An increase or decrease in actual emissions is creditable only if:

(i) It occurs within five years before construction on the particular change commences; and

(ii) The Department has not relied on it in issuing a permit for the source, which permit is in effect when the increase in actual emi ssions from the particular change occurs.

(D) An increase in actual emissions is creditable o nly to the extent that the new level of

actual emissions exceeds the old level.

(E) A decrease in actual emissions is creditable on ly to the extent that:

(i) The old level of actual emission or the old lev el of allowable emissions whichever is lower, exceeds the new level of actual emissions;

(ii) It is enforceable as a practical matter at and after the time that actual construction on the particular change begins; and

(iii) The Department has not relied on it in issuin g any permit or the Department has not relied on it in demonstrating attainment or reasonable further progress;

(iv) It has approximately the same qualitative sign ificance for public health and

welfare as that attributed to the increase from the particular change.

(F) An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operati onal and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes op erational only after a reasonable shakedown period, not to exceed 180 days.

(G) Paragraph (c)(1)(B) shall not apply for determi ning creditable increases and decreases or after a change.

(9) “Nonattainment major new source review (NSR) progra m” means a major source preconstruction permit program that has been approv ed by the Administrator and incorporated into the plan to implement the requirements of this regulati on, or a program that implements 40 CFR 51, appendi x S, Sections I through VI. Any permit issued under s uch a program is a major NSR permit.

(10) [Reserved]Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 170

General Amendments to R. 61-62 June 15, 2011 (11)(A) “Projected actual emissions” means, the maximum annual rate, in tons per year, at which an existing emissions unit is projected to em it a regulated NSR pollutant in any one of the 5 ye ars (12-month period) following the date the unit resum es regular operation after the project, or in any o ne of the 10 years following that date, if the project in volves increasing the emissions unit's design capac ity or its potential to emit of that regulated NSR polluta nt and full utilization of the unit would result in a significant emissions increase or a significant net emissions increase at the major stationary source.

(B) In determining the projected actual emissions u nder paragraph (c)(11)(A) before beginning actual construction, the owner or operato r of the major stationary source:

(i) Shall consider all relevant information, includ ing but not limited to, historical operational data, the company's own representations , the company's expected business activity and the company's highest projections of business activity, the company's filings with the State or Federal regulatory authorities, and compliance plans under the approved plan; and

(ii) Shall include fugitive emissions to the ex tent quantifiable, and emissions associated with startups, and shutdowns; and

(iii) Shall exclude, in calculating any increase in emissions that results from the particular project, that portion of the unit's emis sions following the project that an existing unit c ould have accommodated during the consecutive 24-month period used to establish the baseline actual emissions under paragraph (c)(2) and that are also unrelated to the particular project, including any increased utilization due to product demand growth; or,

(iv) In lieu of using the method set out in paragra phs (c)(11)(B)(i) through (iii) may elect to use the emissions unit's potential to emit, in tons per year, as defined under paragraph (b)(37)

of Standard 7.

(12) “Prevention of Significant Deterioration (PSD) perm it” means any permit that is issued under a major source preconstruction permit program that has been approved by the Administrator and incorporated into the plan to implement the require ments of 40 CFR 51.166, or under the program in 40

CFR 52.21.

(13) “Regulated NSR pollutant,” for purposes of this regulation, means the followi ng:

(A) Oxides of nitrogen or any volatile organic co mpounds;

(B) Any pollutant for which a national ambient air quality standard has been promulgated; or

(C) Any pollutant that is a constituent or precurso r of a general pollutant listed under paragraphs (c)(13)(A) or (B), provided that a const ituent or precursor pollutant may only be regulated under NSR as part of regulation of the general poll utant. Precursors identified by the Administrator f or purposes of NSR are the following:

(a) Volatile organic compounds and nitrogen oxi des are precursors to ozone in all ozone nonattainment areas;

(b) Sulfur dioxide is a precursor to PM 2.5 in all PM 2.5 nonattainment

areas;Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 171

General Amendments to R. 61-62 June 15, 2011 (c) Nitrogen oxides are presumed to be precurso rs to PM 2.5 in all PM 2.5 nonattainment areas, unless the State demonstrates to the Administrator’s satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant

contributor to that area’s ambient PM 2.5 concentrations;

(d) Volatile organic compounds and ammonia are presumed not to be precursors to PM 2.5 in any PM 2.5 nonattainment area, unless the State demonstrates to the Administrator’s

satisfaction or EPA demonstrates that emissions of volatile organic compounds or ammonia from sources in a specific area are a significant contributor to that area’s ambient PM 2.5 concentrations; or

(D) PM 2.5 emissions and PM 10 emissions shall include gaseous emissions from a s ource or activity which condense to form particulate matt er at ambient temperatures. On or after January 1, 2011 (or any earlier date established in the upcomi ng rulemaking codifying test methods), such condensable particulate matter shall be accounted f or in applicability determinations and in establish ing

emissions limitations for PM 2.5 and PM 10 in permits issued under this ruling. Compliance wi th emissions

limitations for PM 2.5 and PM 10 issued prior to this date shall not be based on co ndensable particulate matter unless required by the terms and conditions of the permit or the applicable implementation plan

. Applicability determinations made prior to this dat e without accounting for condensable particulate ma tter
shall not be considered in violation of this sectio n unless the applicable implementation plan require d condensable particulate matter to be included.

(14) “Significant” means, in reference to a net emissions increase or the potential of a source to emit any of the following pollutants, as rate of emissions t hat would equal or exceed any of the following rate s:

Pollutant Emission Rate

Carbon monoxide: 100 tons per year (tpy)

Nitrogen oxides: 40 tpy

Particulate matter:

15 tpy of PM 10 emissions 10 tpy of direct PM 2.5 ; 40 tpy of sulfur dioxide emissions; 40 tpy of nitrogen oxide emissions unless demonstr ated not to be a PM 2.5 precursor under paragraph 13 of this section

Sulfur dioxide: 40 tpy

Ozone: 40 tpy of volatile organic compounds or oxid es of nitrogen

Lead: 0.6 tpy

(15) “Significant emissions increase” means, for a regulated NSR pollutant, an increase in emissions that is significant (as defined in paragr aph (c)(14)) for that pollutant.

(16) “Volatile organic compounds (VOC)” is as defined in Regulation 61-62.1, Section I, Definitions

.

(d) Permitting requirementsRevisions to the South Carolina Air Implementation Plan Text of Regulations – Page 172

General Amendments to R. 61-62 June 15, 2011 (1) Conditions for approval . If the Department finds that the major stationary source or major modification would be constructed in an area design ated in 40 CFR 81.341 as nonattainment for a pollutant for which the stationary source or modifi cation is major, approval may be granted only if th e following conditions are met:

(A) The major stationary source or major modifica tion is required to meet an emission limitation which specifies the lowest achi evable emission rate (LAER) for such source.

(B) The applicant must certify that all existing ma jor sources owned or operated by the applicant (or any entity controlling, controlle d by, or under common control with the applicant) i n the same State as the proposed source are in compliance with all applicable emission limitations and standards under the Clean Air Act (or are in compli ance with an expeditious schedule which is Federall y enforceable or contained in a court decree).

(C) The owner or operator of the proposed new maj or stationary source or major

modification will obtain sufficient emission reduct ions of the nonattainment pollutant from other sour ces. Emission reductions shall be in effect and enforcea ble prior to the date the new source or modificatio n commences operation. The emission reductions shall be obtained in accordance with the following provisions:

(i) Where the permitted emissions limit allows grea ter emissions than the potential to emit of the source, emissions offset c redit will be allowed only for control below this potential;

(ii) For an existing fuel combustion source, cre dit shall be based on the allowable emissions for the type of fuel being burned at the time the application to construct is filed. If the existing

source commits to switch to a cleaner fuel at some future date, emissions offset credit based on the allowable (or actual) emissions for the fuels invol ved is not acceptable, unless the permit is conditi oned to require the use of a specified alternative control measure which would achieve the same degree of

emissions reduction should the source switch back t o a dirtier fuel at some later date.

(iii)(a) Emissions reductions achieved by shutt ing down an existing source or curtailing production or operating hours below base line levels may be generally credited if such reductions are permanent, quantifiable, federally e nforceable, occurred on or after the date of the mo st recent emissions inventory, and if the area has an EPA-approved attainment plan.

(b) Such reductions may be credited if the shut down or curtailment occurred on or after the date the new source permit application is filed, or, if the applicant can est ablish that the proposed new source is a replacement for t he shutdown or curtailed source, and the cutoff dat e provision of paragraph (d)(C)(iii)(a) are observed.

(iv) No emissions credit may be allowed for replaci ng one hydrocarbon compound with another of lesser reactivity, except for those compounds listed in Table 1 of EPA's "Recommended Policy on Control of Volatile Organic Compounds" (42 FR 35314, July 8, 1977);

(v) All emission reductions claimed as offset credi t shall be federally enforceable and surplus;Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 173

General Amendments to R. 61-62 June 15, 2011 (a) Eligibility as Emission Offsets . Any facility that has the potential to emit any NAAQS pollutant in an amount greater than 5 tons per year and that is located in a federallydesignated nonattainment area shall be eligible to create emission offsets.

(1) To be eligible to be an emission offset:

(A) A reduction in emissions shall be real, permanent, quantifiable, enforceable, and surplus and must hav e occurred after December 31 of the base year inventory for those pollutants that are designated nonattainment by the EPA. The base year inventory d ate is two years preceding the date of nonattainment de signation. However, the Department may choose to consider a prior shutdown or curtailment to have oc curred after the last day of the base year if the projected emissions inventory used to develop the a ttainment demonstration explicitly includes the emissions from such previously shutdown or curtaile d emission units.

(B) Emission reductions shall have been creat ed by a facility that has obtained an enforceable air quali ty permit or letter of permit cancellation resultin g from the surrender of the source’s permit(s).

(2) Emission reductions may be created by any or a combination of the following methods:

(A) Installation of control equipment beyond what is necessary to comply with existing requirements;

(B) A change in process inputs, formulations, products or product mix, fuels, or raw materials;

(C) A reduction in actual emission rates;

(D) A reduction in hours of operation;

(E) Production curtailment or reduction in th roughput;

(F) Shutdown of emitting sources; or

(G) Any other enforceable method that the Dep artment determines to result in real, permanent, quantifiab le, enforceable, and surplus reduction of emissions

.

(3) A completed emissions offset submittal mus t be received by the Department within one year of the date of the c reation of the reductions. Emission offsets not requested within one year of the date of the creati on of the reductions will be permanently retired. Prior to commencing operation of a permitted emissions un it, Department approval for the required emission offsets must be granted.

(4) The following are ineligible for emission offsets:

(A) Emission reductions that are not consider ed surplus,

such as:

(i) Emission reductions that have previously been used to avoid Regulation 61-62.5 Standard No. 7, Prevention of Significant Deterioration, orRevisions to the South Carolina Air Implementation Plan Text of Regulations – Page 174

General Amendments to R. 61-62 June 15, 2011 Regulation 61-62.5 Standard No. 7.1, Nonattainment New Source Review (NSR), through a netting demonstration;

(ii) Emission reductions of hazardous air pollutants, listed in Section 112(b) of the Clean A ir Act, to the extent needed to comply with Regulat ion 61-62.61, National Emission Standards for Hazardous Air Pollu tants (NESHAP) , and Regulation 61- 62.63, National Emission Standards for Hazardous Air Pollu tants (NESHAP) for Source Categories

, (however, emission reductions of hazardous volatile organic compound (VOC) and/or hazardous particulate matter (PM) air pollutants beyond the a mount of reductions necessary to comply with Regulation 61-62.61, NESHAP, and Regulation 61-62.63, NESHAP for Source Categories, are considered surplus);

(iii) Emission reductions of nitrogen oxides (NOx), sulfur dioxide (SO 2 ), particulate matter (PM) and VOCs to the extent needed to comply with Section 111 of the CAA and Regulation 61-62.60, South Carolina Designated Facility Plan and New Source Performance Standards (NSPS) , (however, emission reductions of VOCs, NOx, SO 2 , PM and VOCs beyond the amount of reductions necessary to c omply with Regulation 61-62.60, South Carolina Designated Facility Plan and NSPS, are considered surplus);

(iv) Emission units covered under an agreeme nt, order or variance for exceeding an emission standar d until compliance is demonstrated with the emissio n standard that is the subject of the agreement, orde r or variance;

(v) Sources that have operated less than 12 months;

(vi) Emission reductions required in order t o comply with any State or Federal regulation not lis ted above, unless these reductions are in excess of the amount required by the State or Federal regulation; or

(vii) Facilities that have received a Depart ment transmittal letter notifying of permit cancellation due to the facility’s decision to close out its op erating permit without a request to qualify facility emissi on reductions as offsets.

(b) Calculation of Emission Offsets

(1) The following procedure shall be followed to calculate

emission offsets:

(A) The source shall calculate average annual actual emissions, in tons per year (tpy), before the emiss ion reduction using data from the 24-month period immediately preceding the reduction in emissions. W ith the Department’s approval, the use of a differe nt time period, not to exceed 10 years immediately pre ceding the reduction in emissions, may be allowed i f the owner or operator of the source documents that such period is more representative of normal source operation, but not prior to the base year inventory date, which is the last day of the two years prece ding the date of nonattainment designation; and

(B) The emission offsets created shall be cal culated by subtracting the allowable emissions following the r eduction from the average annual actual emissions prior to the reduction.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 175

General Amendments to R. 61-62 June 15, 2011 (vi) Location of offsetting emissions. Emission offsets shall be obtained from sources currently operating within the same designa ted nonattainment area as the new or modified stationary source. Emission offsets may be obtained from another nonattainment area with the Department’s approval only if (a) the other area ha s an equal or higher nonattainment classification t han the area in which the proposed source is located an d (b) emissions from the other area contribute to a violation of the NAAQS in the nonattainment area in which the source is located.

(vii) Emission offsetting ratios . Emission offsets shall be required in

nonattainment areas in accordance with the followin g provisions:

(a) Emissions for carbon monoxide (CO), nitroge n dioxide (NO 2 ), sulfur dioxide (SO 2 ), lead (Pb), and particulate matter (PM 10 and PM 2.5 ) nonattainment areas shall be offset at a ratio greater than one to one.

(b) Emissions for ozone nonattainment areas sha ll be offset for volatile organic compounds (VOCs) and nitrogen oxid es (NO

x ) in accordance with the following table:

Designation Offset ratios Subpart I >1 to 1 Marginal 1.1 to 1

Moderate 1.15 to 1

Serious 1.2 to 1

Severe 1.3 to 1

Extreme 1.5 to 1

(viii) Credit for an emissions reduction can be claimed to the extent that the Department has not relied on it in issuing any perm it under regulations approved pursuant to 40 CFR pa rt 51 subpart I or the Department has not relied on it in demonstrating attainment or reasonable further

progress.

(ix) [Reserved]

(x) [Reserved]

(xi) The total tonnage of increased emissions, in t ons per year, resulting from a major modification that must be offset in accordanc e with section 173 of the Clean Air Act shall be determined by summing the difference between the al lowable emissions after the modification (as define d by paragraph (b)(3) of Standard 7) and the actual e missions before the modification (as defined in paragraph (c)(1)) for each emissions unit.

(D) The emission offsets must provide a positive net air quality benefit in the affected area as determined by 40 CFR 51, Appendix S, Emission Offset Interpretative Ruling

.

(E) Alternative Sites Analysis. An analysis of al ternative sites, sizes, production processes, and environmental control techniques for such proposed source demonstrates that benefits of the proposed source significantly outweigh the envi ronmental and social costs imposed as a result of i ts location, construction, or modification shall be re quired.

(2) (A) Any owner or operator who constructs or ope rates a source or modification not in accordance with the application submitted pursuant to this section or with the terms of any approval t o construct, or any owner or operator of a source or modification subject to this section who commencesRevisions to the South Carolina Air Implementation Plan Text of Regulations – Page 176

General Amendments to R. 61-62 June 15, 2011 construction after the effective date of these regu lations without applying for and receiving approval hereunder, shall be subject to appropriate enforcem ent action.

(B) Approval to construct shall become invalid if construction is not commenced within 18 months after receipt of such approval, if constr uction 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 ex tension is justified. This provision does not apply to the time period between construction of the approve d phases of a phased construction project; each pha se must commence construction within 18 months of the projected and approved commencement date.

(C) Approval to construct shall not relieve any o wner or operator of the responsibility to comply fully with applicable provisions of the plan and an y other requirements under local, State or Federal law.

(D) At such time that a particular source or modifi cation becomes a major stationary source or major modification solely by virtue of a relaxation in any enforcement limitation which was established after August 7, 1980, on the capacity o f the source or modification otherwise to emit a pollutant, such as a restriction on hours of operat ion, then the requirements of regulations approved pursuant to this section shall apply to the source or modification as though construction had not yet commenced on the source or modification;

(3) The following provisions apply to projects at existing emissions units at a major stationary source (other than projects at a source with a PAL) in circumstances where there is a reasonable possibility that a project that is not a part of a major modification may result in a significant emis sions increase and the owner or operator elects to use th e method specified in paragraphs (c)(11)(B)(i) thro ugh (iii) for calculating projected actual emissions.

(A) If the project requires construction permitti ng under Regulation 61-62.1, Section II

“ Permit Requirements, ” the owner or operator shall provide a copy of the information set out in paragraph (d)(3)(B) as part of the permit application to the Department. If construction permitting under Regula tion 61-62.1, Section II “ Permit Requirements ” is not required, the owner or operator shall main tain the information set out in paragraph (d)(3).

(B) Before beginning actual construction of the pro ject, the owner or operator shall document and maintain a record of the following inf ormation:

(i) A description of the project;

(ii) Identification of the emissions unit(s) whose emissions of a regulated NSR pollutant could be affected by the project; and

(iii) A description of the applicability test used to determine that the project is not a major modification for any regulated NSR pollutan t, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under paragraph (c)(11)(B)(iii) and an explanation for why such amount was excluded, and a ny netting calculations, if applicable.

(C) The owner or operator shall monitor the emissio ns of any regulated NSR pollutant that could increase as a result of the project and that is emitted by any emissions units identified i n paragraph (d)(3)(B)(ii); and calculate and maintain a record of the annual emissions, in tons per year on a calendar year basis, for a period of 5 years follow ing resumption of regular operations after the chan ge, or for a period of 10 years following resumption of re gular operations after the change if the project increases the design capacity or potential to emit of that regulated NSR pollutant at such emissions u nit.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 177

General Amendments to R. 61-62 June 15, 2011 (D) If the unit is an existing electric utility ste am generating unit, the owner or operator shall submit a report to the Department within 60 d ays after the end of each year during which records must be generated under paragraph (d)(3)(B) setting out the unit's annual emissions during the year th at preceded submission of the report.

(E) If the unit is an existing unit other than an e lectric utility steam generating unit, the owner or operator shall submit a report to the Depa rtment if the annual emissions, in tons per year, f rom the project identified in paragraph (d)(3)(B), exce ed the baseline actual emissions (as documented and maintained pursuant to paragraph (d)(3)(B)(iii)), b y a significant amount (as defined in paragraph (c) (14)) for that regulated NSR pollutant, and if such emiss ions differ from the preconstruction projection as documented and maintained pursuant to paragraph (d) (3)(B)(iii). Such report shall be submitted to the Department within 60 days after the end of such yea r. The report shall contain the following:

(i) The name, address and telephone number of the major stationary source;

(ii) The annual emissions as calculated pursuant to paragraph (d)(3)(C); and

(iii) Any other information needed for to make a co mpliance determination ( e.g. , an explanation as to why the emissions differ from the preconstruction projection).

(4) If a project at a source with a PAL requires c onstruction permitting under Regulation 61-62.1, Section II, “ Permit Requirements, ” the owner or operator shall provide notification of source status as part of the permit application to the Department.

(5) The owner or operator of the source shall make the information required to be documented and maintained pursuant to paragraph (d)(3) for rev iew upon a request for inspection by the Department or the general public pursuant to the requirements contained in 40 CFR 70.4(b)(3)(viii).

(6) Public Participation. Within 30 days after rec eipt of an application to construct, or any addition to such application, the Department shall advise the applicant of any deficiency in the appli cation or in the information submitted and transmit a copy of such application to EPA. In the event of such a deficiency, the date of receipt of the application shall be, for the purpose of this regulation, the d ate on which the Department received all required informat ion.

(7) In accordance with Regulation 61-30, Environmental Protection Fees , the Department shall make a final determination on the application. This involves performing the following actions in a tim ely

manner:

(i) For the purposes of this paragraph (d)(7), th e time frame for making a final determination shall be consistent with R. 61-30, Environmental Protection Fees , paragraph (H)(2)(c)(iii).

(ii) Make a preliminary determination whether con struction should be approved, approved with conditions, or disapproved.

(iii) Make available in at least one location in each region in which the proposed plant or modification would be constructed a copy of all mat erials the applicant submitted, a copy of the preliminary determination and a copy or summary of other materials, if any, considered in making the preliminary determination.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 178

General Amendments to R. 61-62 June 15, 2011 (iv) Notify the public, by advertisement in a new spaper of general circulation in each region in which the proposed plant or modification would be constructed, of the application, the preliminary determination, the degree of increment consumption that is expected from the plant or modification, and the opportunity for comment at a public hearing as well as written public comment.

(v) Send a copy of the notice of public comment t o the applicant, the Administrator of EPA, and to officials and agencies having cognizanc e over the location where the proposed construction

would occur as follows: The chief executives of the city and county where the plant or modification would be located, any comprehensive regional land u se planning agency and any State, Federal Land Manager, or Indian Governing Body whose lands may b e affected by emissions from the plant or

modification.

(vi) Provide opportunity for a public hearing for interested persons to appear and submit written or oral comments on the air quality impact of the plant or modification, alternatives to the p lant or modification, the control technology required, and other appropriate considerations.

(vii) Consider all written comments submitted wit hin a time specified in the notice of public comment and all comments received at any pub lic hearing(s) in making a final decision on the approvability of the application. No later than 10 days after the close of the public comment period, the applicant may submit a written response to any comm ents submitted by the public. The Department shall consider the applicant’s response in making a final decision. The Department shall make all comments available for public inspection in the same locatio ns where the Department made available preconstruction information relating to the propose d plant or modification.

(viii) Make a final determination whether constru ction should be approved, approved with conditions, or disapproved pursuant to this se ction.

(ix) Notify the applicant in writing of the final determination and make such notification available for public inspection at the same locatio n where the Department made available preconstructi on information and public comments relating to the pla nt or modification.

(x) Notify EPA of every action related to the con sideration of the permit.

(e) Exemptions . The provisions of paragraph (d) shall not apply t o a particular major stationary source or major modification if the source or modification wo uld be a major stationary source or major modification only if fugitive emissions, to the ext ent quantifiable, are considered in calculating the potential to emit of the stationary source or modif ication and the source does not belong to any of th e following categories:

(A) Coal cleaning plants (with thermal dryers);

(B) Kraft pulp mills;

(C) Portland cement plants;

(D) Primary zinc smelters;

(E) Iron and steel mills;

(F) Primary aluminum ore reduction plants;Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 179

General Amendments to R. 61-62 June 15, 2011 (G) Primary copper smelters;

(H) Municipal incinerators capable of charging more than 250 tons of refuse per day;

(I) Hydrofluoric, sulfuric, or nitric acid plants;

(J) Petroleum refineries;

(K) Lime plants;

(L) Phosphate rock processing plants;

(M) Coke oven batteries;

(N) Sulfur recovery plants;

(O) Carbon black plants (furnace process);

(P) Primary lead smelters;

(Q) Fuel conversion plants;

(R) Sintering plants;

(S) Secondary metal production plants;

(T) Chemical process plants - The term chemical p rocess plant shall not include ethanol production facilities that produce ethanol by natur al fermentation included in NAICS codes 325193 or 312140;

(U) Fossil-fuel boilers (or combination thereof) to taling more than 250 million British thermal units per hour heat input;

(V) Petroleum storage and transfer units with a t otal storage capacity exceeding 300,000 barrels;

(W) Taconite ore processing plants;

(X) Glass fiber processing plants;

(Y) Charcoal production plants;

(Z) Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; and

(AA) Any other stationary source category which, as of August 7, 1980, is being regulated under section 111 or 112 of the Clean Air Act.

(f) [Reserved]

(g) [Reserved]Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 180

General Amendments to R. 61-62 June 15, 2011 (h) [Reserved]

(i) Actuals PALs

. The provisions in paragraphs (i)(1) through (15) g overn actuals PALs.

(1) Applicability

.

(i) The Department may approve the use of an actual s PAL for any existing major stationary source (except as provided in paragraph (i)(1)(ii)) if the PAL meets the requirements in paragraphs (i)(1) through (15). The term "PAL" shal l mean "actuals PAL" throughout paragraph (i).

(ii) The Department shall not allow an actuals PAL for VOC or NO

x for any major stationary source located in an extreme ozone nonat tainment area.

(iii) Any physical change in or change in the metho d of operation of a major stationary

source that maintains its total source-wide emissio ns below the PAL level, meets the requirements in paragraphs (i)(1) through (15), and complies with t he PAL permit:

(A) Is not a major modification for the PAL polluta nt;

(B) Does not have to be approved through Regulation 61-62.5, Standard 7.1,

“ Nonattainment New Source Review ”; however, will be reviewed through Regulation 61- 62.1, Section II

A. “ Permit Requirements, ” and

(C) Is not subject to the provisions in paragraph ( d)(2)(D) (restrictions on relaxing enforceable emission limitations that the major stationary source used to avoid applicability of the nonattainment major NSR program).

(iv) Except as provided under paragraph (i)(1)(iii) (C), a major stationary source shall continue to comply with all applicable Federal or S tate requirements, emission limitations, and work practice requirements that were established prior t o the effective date of the PAL.

(2) Definitions. The definitions in paragraphs (i)(2)(i) through (xi ) shall apply to actuals PALs consistent with paragraphs (i)(1) through (15). Whe n a term is not defined in these paragraphs, it sha ll have the meaning given in paragraph (c) of this reg ulation; paragraph (b) of Regulation 61-62.5, Stand ard 7, “ Prevention of Significant Deterioration”(“Standard 7”); or in the Clean Air A ct.

(i) Actuals PAL for a major stationary source means a PAL based on the baseline actual emissions (as defined in paragraph (c)(1)) of all e missions units (as defined in paragraph (b)(20) of Standard 7) at the source, that emit or have the po tential to emit the PAL pollutant.

(ii) Allowable emissions means "allowable emissions" as defined in paragrap h (b)(3) of Standard 7, except as this definition is modified a ccording to paragraphs (i)(2)(ii)(A) through (B).

(A) The allowable emissions for any emissions unit shall be calculated considering any emission limitations that are enfor ceable as a practical matter on the emissions unit' s potential to emit.

(B) An emissions unit's potential to emit shall be determined using the definition in paragraph (b)(37) of Standard 7, except that the words "or enforceable as a practical matter" shoul d be added after "federally enforceable."Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 181

General Amendments to R. 61-62 June 15, 2011 (iii) Small emissions unit means an emissions unit that emits or has the pote ntial to emit the PAL pollutant in an amount less than the signif icant level for that PAL pollutant, as defined in paragraph (c)(14) or in the Clean Air Act, whicheve r is lower.

(iv) Major emissions unit means:

(A) Any emissions unit that emits or has the potent ial to emit 100 tons per year or more of the PAL pollutant in an attainment area; or

(B) Any emissions unit that emits or has the potent ial to emit the PAL pollutant in an amount that is equal to or greater than the m ajor source threshold for the PAL pollutant as defi ned by the Clean Air Act for nonattainment areas. For e xample, in accordance with the definition of major stationary source in section 182(c) of the Clean Ai r Act, an emissions unit would be a major emissions

unit for VOC if the emissions unit is located in a serious ozone nonattainment area and it emits or ha s the potential to emit 50 or more tons of VOC per year.

(v) Plantwide applicability limitation (PAL) means an emission limitation expressed in tons per year, for a pollutant at a major stationar y source, that is enforceable as a practical matter and established source-wide in accordance with paragrap hs (i)(1) through (i)(15).

(vi) PAL effective date generally means the date of issuance of the PAL pe rmit. However, the PAL effective date for an increased PA L is the date any emissions unit which is part of t he PAL major modification becomes operational and begi ns to emit the PAL pollutant.

(vii) PAL effective period means the period beginning with the PAL effective date and ending 10 years later.

(viii) PAL major modification means, notwithstanding paragraphs (c)(6) and (8) ( the definitions for major modification and net emission s increase), any physical change in or change in th e method of operation of the PAL source that causes i t to emit the PAL pollutant at a level equal to or greater than the PAL.

(ix) PAL permit means the major NSR permit, the minor NSR permit, or the State operating permit under Regulation 61-62.1 Section I I G, or the title V permit issued by the Department that establishes a PAL for a major stationary sourc e.

(x) PAL pollutant means the pollutant for which a PAL is established at a major stationary source.

(xi) Significant emissions unit means an emissions unit that emits or has the pote ntial to emit a PAL pollutant in an amount that is equal to or greater than the significant level (as defined i n paragraph (c)(13) or in the Clean Air Act, whicheve r is lower) for that PAL pollutant, but less than t he amount that would qualify the unit as a major emiss ions unit as defined in paragraph (i)(2)(iv).

(3) Permit application requirements

. As part of a permit application requesting a PAL, the owner or operator of a major stationary source shal l submit the following information to the Departmen t for approval:Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 182

General Amendments to R. 61-62 June 15, 2011 (i) A list of all emissions units at the source des ignated as small, significant or major based on their potential to emit. In addition, the owner or operator of the source shall indicate whic h, if any, Federal or State applicable requirements, emis sion limitations or work practices apply to each un it.

(ii) Calculations of the baseline actual emissions (with supporting documentation).

Baseline actual emissions are to include emissions associated not only with operation of the unit, but also emissions associated with startup, shutdown and mal function.

(iii) The calculation procedures that the major sta tionary source owner or operator proposes to use to convert the monitoring system da ta to monthly emissions and annual emissions based on a 12-month rolling total for each month as requi red by paragraph (i)(13)(i).

(4) General requirements for establishing PALs

.

(i) The Department is allowed to establish a PAL at a major stationary source, provided that at a minimum, the requirements in paragraphs ( i)(4)(i)(A) through (G) are met.

(A) The PAL shall impose an annual emission limitat ion in tons per year, that is enforceable as a practical matter, for the entire m ajor stationary source. For each month during the P AL effective period after the first 12 months of estab lishing a PAL, the major stationary source owner or operator shall show that the sum of the monthly emi ssions from each emissions unit under the PAL for the previous 12 consecutive months is less than the PAL (a 12-month average, rolled monthly). For each month during the first 11 months from the PAL effec tive date, the major stationary source owner or operator shall show that the sum of the preceding m onthly emissions from the PAL effective date for ea ch

emissions unit under the PAL is less than the PAL.

(B) The PAL shall be established in a PAL permit th at meets the public participation requirements in paragraph (i)(5).

(C) The PAL permit shall contain all the requiremen ts of paragraph (i)(7).

(D) The PAL shall include fugitive emissions, to th e extent quantifiable, from all emissions units that emit or have the potential to emit the PAL pollutant at the major stationary sour ce.

(E) Each PAL shall regulate emissions of only one p ollutant.

(F) Each PAL shall have a PAL effective period of 1 0 years.

(G) The owner or operator of the major stationary s ource with a PAL shall comply with the monitoring, recordkeeping, and repo rting requirements provided in paragraphs (i)(12) through (14) for each emissions unit under the PAL through the PAL effective period.

(ii) At no time (during or after the PAL effective period) are emissions reductions of a PAL pollutant, which occur during the PAL effective period, creditable as decreases for purposes of offsets under paragraph (d)(1)(c) unless the level of the PAL is reduced by the amount of such emissio ns reductions and such reductions would be creditable in the absence of the PAL.

(5) Public participation requirement for PALs

. PALs for existing major stationary sources shall be established, renewed, or increased through a procedure that is consistent paragraph (d)(6) an d (d)(7). The Department must address all material co mments before taking final action on the permit.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 183

General Amendments to R. 61-62 June 15, 2011 (6) Setting the 10-year actuals PAL level

. (i) Except as provided in paragraph (i)(6)(ii), th e actuals PAL level for a major stationary source sha ll be established as the sum of the baseline actual emissions (as defined in paragraph (c)(2)) of the P AL pollutant for each emissions unit at the source; plus an amount equal to the applicable significant level for the PAL pollutant under paragraph (c)(14) or u nder the Clean Air Act, whichever is lower. When establi shing the actuals PAL level, for a PAL pollutant, o nly one consecutive 24-month period must be used to det ermine the baseline actual emissions for all existi ng emissions units. However, a different consecutive 2 4-month period may be used for each different PAL pollutant. Emissions associated with units that wer e permanently shut down after this 24-month period must be subtracted from the PAL level. The Departme nt shall specify a reduced PAL level(s) (in tons/yr ) in the PAL permit to become effective on the future compliance date(s) of any applicable Federal or St ate regulatory requirement(s) that the Department is aw are of prior to issuance of the PAL permit. For instance, if the source owner or operator will be r equired to reduce emissions from industrial boilers in half from baseline emissions of 60 ppm NO X to a new rule limit of 30 ppm, then the permit sha ll contain a future effective PAL level that is equal to the cur rent PAL level reduced by half of the original base line emissions of such unit(s).

(ii) For newly constructed units (which do not incl ude modifications to existing units) on which operation began less than 24-months prior to the date of the PAL permit application, the emissio ns must be added to the PAL level in an amount equal t o the potential to emit of the units.

(7) Contents of the PAL permit

. The PAL permit must contain, at a minimum, the inf ormation in paragraphs (i)(7)(i) through (x).

(i) The PAL pollutant and the applicable source-wid e emission limitation in tons per year.

(ii) The PAL permit effective date and the expirati on date of the PAL (PAL effective period).

(iii) Specification in the PAL permit that if a maj or stationary source owner or operator applies to renew a PAL in accordance with paragraph (i)(10) before the end of the PAL effective period

, then the PAL shall not expire at the end of the PAL effective period. It shall remain in effect until a revised PAL permit is issued by the Department.

(iv) A requirement that emission calculations for c ompliance purposes include emissions from startups, shutdowns and malfunctions.

(v) A requirement that, once the PAL expires, the m ajor stationary source is subject to the requirements of paragraph (i)(9).

(vi) The calculation procedures that the major stat ionary source owner or operator shall use to convert the monitoring system data to monthl y emissions and annual emissions based on a 12- month rolling total for each month as required by p aragraph (i)(13)(i).

(vii) A requirement that the major stationary sourc e owner or operator monitor all emissions units in accordance with the provisions u nder paragraph (i)(12).

(viii) A requirement to retain the records required under paragraph (i)(13) on site. Such records may be retained in an electronic format.

(ix) A requirement to submit the reports required u nder paragraph (i)(14) by the required

deadlines.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 184

General Amendments to R. 61-62 June 15, 2011 (x) Any other requirements that the Department deem s necessary to implement and

enforce the PAL.

(8) PAL effective period and reopening of the PAL permi t

. The requirements in paragraphs (i)(8)(i) and (ii) apply to actuals PALs.

(i) PAL effective period

. The Department shall specify a PAL effective perio d of 10

years.

(ii) Reopening of the PAL permit

.

(A) During the PAL effective period, the Department must reopen the PAL permit to:

(1) Correct typographical/calculation errors made i n setting the PAL or

reflect a more accurate determination of emissions used to establish the PAL.

(2) Reduce the PAL if the owner or operator of the major stationary

source creates creditable emissions reductions for use as offsets under paragraph (d)(2).

(3) Revise the PAL to reflect an increase in the PA L as provided under paragraph (i)(11).

(B) The Department shall have discretion to reopen the PAL permit for the following:

(1) Reduce the PAL to reflect newly applicable Fede ral requirements (for example, NSPS) with compliance dates after the PAL effective date.

(2) Reduce the PAL consistent with any other requir ement, that is enforceable as a practical matter, and that the Dep artment may impose on the major stationary source under the State Implementation Plan.

(3) Reduce the PAL if the Department determines tha t a reduction is necessary to avoid causing or contributing to a NAA QS or PSD increment violation, or to an adverse impact on an air quality related value that has bee n identified for a Federal Class I area by a Federa l Land Manager and for which information is available to t he general public.

(C) Except for the permit reopening in paragraph (i )(8)(ii)(A)(1) for the correction of typographical/calculation errors that do not increase the PAL level, all other reopening s shall be carried out in accordance with the public participation requirements of paragraph (i)(5).

(9) Expiration of a PAL

. Any PAL which is not renewed in accordance with th e procedures in paragraph (i)(10) shall expire at the end of the PA L effective period, and the requirements in paragra phs (i)(9)(i) through (v) shall apply.

(i) Each emissions unit (or each group of emissions units) that existed under the PAL shall comply with an allowable emission limitation under a revised permit established according to the procedures in paragraphs (i)(9)(i)(A) through (B).Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 185

General Amendments to R. 61-62 June 15, 2011 (A) Within the time frame specified for PAL renewal s in paragraph (i)(10)(ii), the major stationary source shall submit a proposed allowable emission limitation for each emissions u nit (or each group of emissions units, if such a distri bution is more appropriate as decided by the Depart ment) by distributing the PAL allowable emissions for the major stationary source among each of the emission s units that existed under the PAL. If the PAL had no t yet been adjusted for an applicable requirement t hat became effective during the PAL effective period, a s required under paragraph (i)(10)(v), such

distribution shall be made as if the PAL had been a djusted.

(B) The Department shall decide whether and how the PAL allowable emissions will be distributed and issue a revised permit inco rporating allowable limits for each emissions unit, or each group of emissions units, as the Department de termines is appropriate.

(ii) Each emissions unit(s) shall comply with the a llowable emission limitation on a 12- month rolling basis. The Department may approve the use of monitoring systems (source testing, emission factors, etc.) other than CEMS, CERMS, PEM S or CPMS to demonstrate compliance with the

allowable emission limitation.

(iii) Until the Department issues the revised permi t incorporating allowable limits for each emissions unit, or each group of emissions uni ts, as required under paragraph (i)(9)(i)(A), the s ource shall continue to comply with a source-wide, multi- unit emissions cap equivalent to the level of the P AL

emission limitation.

(iv) Any physical change or change in the method of operation at the major stationary source will be subject to the nonattainment major N SR requirements if such change meets the definition of major modification in paragraph (c)(6).

(v) The major stationary source owner or operator s hall continue to comply with any State or Federal applicable requirements (BACT, RAC T, NSPS, etc.) that may have applied either during the PAL effective period or prior to the PAL effect ive period except for those emission limitations th at had been established pursuant to paragraph (d)(2)(D ), but were eliminated by the PAL in accordance wit h the provisions in paragraph (i)(1)(iii)(C).

(10) Renewal of a PAL

.

(i) The Department shall follow the procedures spec ified in paragraph (i)(5) in approving any request to renew a PAL for a major stationary s ource, and shall provide both the proposed PAL leve l and a written rationale for the proposed PAL level to the public for review and comment. During such public review, any person may propose a PAL level f or the source for consideration by the Department.

(ii) Application deadline

. A major stationary source owner or operator shall submit a timely application to the Department to request ren ewal of a PAL. A timely application is one that is submitted at least 6 months prior to, but not earli er than 18 months from, the date of permit expirati on. This deadline for application submittal is to ensur e that the permit will not expire before the permit is renewed. If the owner or operator of a major statio nary source submits a complete application to renew the PAL within this time period, then the PAL shall continue to be effective until the revised permit with

the renewed PAL is issued.

(iii) Application requirements

. The application to renew a PAL permit shall contai n the information required in paragraphs (i)(10)(iii)(A) through (D).

(A) The information required in paragraphs (i)(3)(i ) through (iii).Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 186

General Amendments to R. 61-62 June 15, 2011 (B) A proposed PAL level.

(C) The sum of the potential to emit of all emissio ns units under the PAL (with supporting documentation).

(D) Any other information the owner or operator wis hes the Department to consider in determining the appropriate level for r enewing the PAL.

(iv) PAL adjustment

. In determining whether and how to adjust the PAL, the Department shall consider the options outlined in p aragraphs (i)(10)(iv)(A) and (B). However, in no ca se may any such adjustment fail to comply with paragra ph (i)(10)(iv)(C).

(A) If the emissions level calculated in accordance with paragraph (i)(6) is equal to or greater than 80 percent of the PAL level, the Department may renew the PAL at the same level without considering the factors set forth in paragr aph (i)(10)(iv)(B); or

(B) The Department may set the PAL at a level th at it determines to be more representative of the source's baseline actual emis sions, or that it determines to be appropriate cons idering air quality needs, advances in control technology, anticipated economic growth in the area, desire to reward or encourage the source's voluntary emission s reductions, or other factors as specifically iden tified by the Department in its written rationale.

(C) Notwithstanding paragraphs (i)(10)(iv)(A) and ( B),

(1) If the potential to emit of the major stationar y source is less than the PAL, the Department shall adjust the PAL to a level no greater than the potential to emit of the sourc e; and

(2) The Department shall not approve a renewed PAL level higher than the current PAL, unless the major stationary source has complied with the provisions of paragraph (i)( 11) (increasing a PAL).

(v) If the compliance date for a State or Federal r equirement that applies to the PAL source occurs during the PAL effective period, and if the Department has not already adjusted for such requirement, the PAL shall be adjusted at the time of PAL permit renewal or title V permit renewal,

whichever occurs first.

(11) Increasing a PAL during the PAL effective period.

(i) The Department may increase a PAL emission limi tation only if the major stationary source complies with the provisions in paragraphs ( i)(11)(i)(A) through (D).

(A) The owner or operator of the major stationary s ource shall submit a complete application to request an increase in the PAL limit for a PAL major modification. Such application sha ll identify the emissions unit(s) contributing to the increase in emissions so as to cause the major stat ionary source's emissions to equal or exceed its PAL.

(B) As part of this application, the major stationa ry source owner or operator
shall demonstrate that the sum of the baseline actu al emissions of the small emissions units, plus the sum of the baseline actual emissions of the significant and major emissions units assuming application ofRevisions to the South Carolina Air Implementation Plan Text of Regulations – Page 187

General Amendments to R. 61-62 June 15, 2011 BACT equivalent controls, plus the sum of the allow able emissions of the new or modified emissions unit(s) exceeds the PAL. The level of control that would result from BACT equivalent controls on each significant or major emissions unit shall be determ ined by conducting a new BACT analysis at the time the application is submitted, unless the emissions unit is currently required to comply with a BACT or LAER requirement that was established within the pr eceding 10 years. In such a case, the assumed control level for that emissions unit shall be equa l to the level of BACT or LAER with which that emissions unit must currently comply.

(C) The owner or operator obtains a major NSR permi t for all emissions unit(s) identified in paragraph (i)(11)(i)(A), regardless o f the magnitude of the emissions increase resulting from them (that is, no significant levels apply). These emissions unit(s) shall comply with any emissions requirements resulting from the nonattainment major NSR program process (for example, LAER), even though they have also become subject to the PAL or continue to be subject to the PAL.

(D) The PAL permit shall require that the increased PAL level shall be effective on the day any emissions unit that is part of the P AL major modification becomes operational and begin s to emit the PAL pollutant.

(ii) The Department shall calculate the new PAL as the sum of the allowable emissions for each modified or new emissions unit, plus the s um of the baseline actual emissions of the signific ant and major emissions units (assuming application of BACT equivalent controls as determined in accordance with paragraph (i)(11)(i)(B)), plus the sum of the baseline actual emissions of the small

emissions units.

(iii) The PAL permit shall be revised to reflect th e increased PAL level pursuant to the public notice requirements of paragraph (i)(5).

(12) Monitoring requirements for PALs

.

(i) General Requirements.

(A) Each PAL permit must contain enforceable requir ements for the monitoring system that accurately determines plantwide emissio ns of the PAL pollutant in terms of mass per unit o f time. Any monitoring system authorized for use in t he PAL permit must be based on sound science and meet generally acceptable scientific procedures for data quality and manipulation. Additionally, the information generated by such system must meet mini mum legal requirements for admissibility in a judicial proceeding to enforce the PAL permit.

(B) The PAL monitoring system must employ one or mo re of the four general monitoring approaches meeting the minimum requireme nts set forth in paragraphs (i)(12)(ii)(A) through (D) and must be approved by the Department.

(C) Notwithstanding paragraph (i)(12)(i)(B), you ma y also employ an alternative monitoring approach that meets paragraph (i)(12)(i) (A) if approved by the Department.

(D) Failure to use a monitoring system that meets t he requirements of this regulation renders the PAL invalid.

(ii) Minimum Performance Requirements for Approved Monitoring Approaches. The following are acceptable general monitoring approac hes when conducted in accordance with the minimum requirements in paragraphs (i)(12)(iii) thr ough (ix):Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 188

General Amendments to R. 61-62 June 15, 2011 (A) Mass balance calculations for activities using coatings or solvents;

(B) Continuous emissions monitoring system (CEMS);

(C) Continuous parameter monitoring system (CPMS) o r Predictive emissions monitoring system (PEMS); and

(D) Emission Factors.

(iii) Mass Balance Calculations. An owner or operat or using mass balance calculations to monitor PAL pollutant emissions from activities usi ng coating or solvents shall meet the following requirements:

(A) Provide a demonstrated means of validating the published content of the PAL pollutant that is contained in or created by all ma terials used in or at the emissions unit;

(B) Assume that the emissions unit emits all of the PAL pollutant that is contained in or created by any raw material or fuel used in or at the emissions unit, if it cannot oth erwise be accounted for in the process; and

(C) Where the vendor of a material or fuel, which i s used in or at the emissions unit, publishes a range of pollutant content from s uch material, the owner or operator must use the hi ghest value of the range to calculate the PAL pollutant e missions unless the Department determines there is site-specific data or a site-specific monitoring pr ogram to support another content within the range.

(iv) CEMS. An owner or operator using CEMS to monit or PAL pollutant emissions shall meet the following requirements:

(A) CEMS must comply with applicable Performance Sp ecifications found in 40 CFR part 60, appendix B; and

(B) CEMS must sample, analyze and record data at le ast every 15 minutes while the emissions unit is operating.

(v) CPMS or PEMS. An owner or operator using CPMS o r PEMS to monitor PAL pollutant emissions shall meet the following requir ements:

(A) The CPMS or the PEMS must be based on current s ite-specific data demonstrating a correlation between the monitored p arameter(s) and the PAL pollutant emissions across the range of operation of the emissions unit; and

(B) Each CPMS or PEMS must sample, analyze, and rec ord data at least every 15 minutes, or at another less frequent interval appro ved by the Department, while the emissions unit is operating.

(vi) Emission factors. An owner or operator using e mission factors to monitor PAL pollutant emissions shall meet the following requir ements:

(A) All emission factors shall be adjusted, if appr opriate, to account for the degree of uncertainty or limitations in the factors ' development;Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 189

General Amendments to R. 61-62 June 15, 2011 (B) The emissions unit shall operate within the des ignated range of use for the emission factor, if applicable; and

(C) If technically practicable, the owner or operat or of a significant emissions

unit that relies on an emission factor to calculate PAL pollutant emissions shall conduct validation t esting to determine a site-specific emission factor within 6 months of PAL permit issuance, unless the Department determines that testing is not required.

(vii) A source owner or operator must record and re port maximum potential emissions without considering enforceable emission limitation s or operational restrictions for an emissions unit during any period of time that there is no monitori ng data, unless another method for determining emissions during such periods is specified in the P AL permit.

(viii) Notwithstanding the requirements in paragrap hs (i)(12)(iii) through (vii), where an owner or operator of an emissions unit cannot demon strate a correlation between the monitored parameter(s) and the PAL pollutant emissions rate a t all operating points of the emissions unit, the Department shall, at the time of permit issuance:

(A) Establish default value(s) for determining comp liance with the PAL based on the highest potential emissions reasonably estimate d at such operating point(s); or

(B) Determine that operation of the emissions unit during operating conditions when there is no correlation between monitored para meter(s) and the PAL pollutant emissions is a

violation of the PAL.

(ix) Re-validation. All data used to establish the PAL pollutant must be re-validated through performance testing or other scientifically valid means approved by the Department. Such testi ng must occur at least once every 5 years after issuan ce of the PAL.

(13) Recordkeeping requirements

.

(i) The PAL permit shall require an owner or operat or to retain a copy of all records necessary to determine compliance with any requirem ent of paragraph (i) and of the PAL, including a

determination of each emissions unit's 12-month rol ling total emissions, for 5 years from the date of such

record.

(ii) The PAL permit shall require an owner or opera tor to retain a copy of the following records for the duration of the PAL effective perio d plus 5 years:

(A) A copy of the PAL permit application and any ap plications for revisions to the PAL; and

(B) Each annual certification of compliance pursuan t to title V and the data relied on in certifying the compliance.

(14) Reporting and notification requirements

. The owner or operator shall submit semi-annual monitoring reports and prompt deviation reports to the Department in accordance with the applicable ti tle V operating permit program. The reports shall meet the requirements in paragraphs (i)(14)(i) through ( iii).Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 190

General Amendments to R. 61-62 June 15, 2011 (i) Semi-Annual Report. The semi-annual report shal l be submitted to the Department within 30 days of the end of each reporting period. This report shall contain the information required in paragraphs (i)(14)(i)(A) through (G).

(A) The identification of owner and operator and th e permit number.

(B) Total annual emissions (tons/year) based on a 1 2-month rolling total for each month in the reporting period recorded pursuant to paragraph (i)(13)(i).

(C) All data relied upon, including, but not limite d to, any Quality Assurance or Quality Control data, in calculating the monthly an d annual PAL pollutant emissions.

(D) A list of any emissions units modified or added to the major stationary source during the preceding 6-month period.

(E) The number, duration, and cause of any deviatio ns or monitoring malfunctions (other than the time associated with z ero and span calibration checks), and any correctiv e action taken.

(F) A notification of a shutdown of any monitoring system, whether the shutdown was permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully operational or repl aced with another monitoring system, and whether th e emissions unit monitored by the monitoring system c ontinued to operate, and the calculation of the emissions of the pollutant or the number determined by method included in the permit, as provided by paragraph (i)(12)(vii).

(G) A signed statement by the responsible official (as defined by Regulation 61- 62.70, Title V Operating Permit Program ) certifying the truth, accuracy, and completeness of the information provided in the report.

(ii) Deviation report. The major stationary source owner or operator shall promptly submit reports of any deviations or exceedance of t he PAL requirements, including periods where no monitoring is available. A report submitted pursuan t to 40 CFR 70.6(a)(3)(iii)(B) shall satisfy this reporting requirement. The deviation reports shall be submitted within the time limits prescribed by t he applicable program implementing 40 CFR 70.6(a)(3)(i ii)(B). The reports shall contain the following

information:

(A) The identification of owner and operator and th e permit number;

(B) The PAL requirement that experienced the deviat ion or that was exceeded;

(C) Emissions resulting from the deviation or the e xceedance; and

(D) A signed statement by the responsible official (as defined by the applicable title V operating permit program) certifying the tr uth, accuracy, and completeness of the information provided in the report.

(iii) Re-validation results. The owner or operator shall submit to the Department the results of any re-validation test or method within 3 months after completion of such test or method.

(15) Transition requirements

.Revisions to the South Carolina Air Implementation Plan Text of Regulations – Page 191

General Amendments to R. 61-62 June 15, 2011 (i) The Department may not issue a PAL that does n ot comply with the requirements in paragraphs (aa)(1) through (15) after the date thes e provisions become effective.

(ii) The Department may supersede any PAL which was established prior t o the date of approval of the plan by the Administrator with a PA L that complies with the requirements of paragraphs (i)(1) through (15).

(j) If any provision of this regulation, or the app lication of such provision to any person or circums tance, is held invalid, the remainder of this regulation, or the application of such provision to persons or

circumstances other than those as to which it is he ld invalid, shall not be affected thereby.

R. 61-62.5, Standard No. 7.1 History - South Carolina State Register : Vol. 29, Issue No. 6. (Doc. No. 2943), June 24, 20 05; Vol. 33, Issue No. 4, (Doc. No. 4056), April 24, 2 009; Vol. 35, Issue No. 2, (Doc. No. 4160), February 25 , 2011; Vol. 35 Issue, No. 5, (Doc. No. 4130), May 27, 201 1.