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

General Amendments to R. 61-62 

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Attachment 1 

Text of Final Regulations 
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Text: 

R. 61-62.1, Definitions and General Requirements: 

SECTION I - DEFINITIONS

Regulation 61-62.1, Section I(15)-(100), has be revised as follows, to include new definitions at 15, 

64, and 65; move definitions 57 and 58; make changes to definitions 19, 23, 27, 30, 45, and 85; delete

definition 86; and reenumerate definition section from 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.” 

 1516. Chemotherapeutic Waste - All waste resulting from the production or, use of 

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

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

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

 1617. Clean Wood - Untreated wood or untreated wood products including clean untreated 

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

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

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

 1718. Commercial Incinerator - An incinerator that burns non-hazardous waste from 

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

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

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

maintenance activities at commercial establishments. 

 1819. Commissioner - Commissioner means the Commissioner of the Department of Health 

and Environmental Control. 

 1920. Conditional major source - A stationary source that obtains a federally enforceable 

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

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

Permit Program by applicable Federal and State regulations. 

 2021. Continuous emission monitoring system or CEMS - a monitoring system for 

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

 2122. “Continuous program of physical on-site construction” - Means significant and 

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

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

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

activities other than preparatory activities which mark the initiation of the change. 
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 2223. Crematory Incinerator - Any incinerator designed and used solely for the burning of 

human remains or animal remains. 

 2324. Department - Department means the South Carolina Department of Health and 

Environmental Control. 

 2425. Dioxins/furans - the combined emissions of tetra- through octa-chlorinated dibenzoparadioxins and dibenzofurans, as measured by EPA Reference Method 23. 

 2526. Emission Data - The definition contained in 40 CFR 2.301(a)(2), July 1, 1986, is 

incorporated by reference. 

 2627. Emission Limitation (and emission standard) - A requirement established by the State or 

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

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

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

procedures for a source to assure continuous emission reduction. 

 2728. Federally enforceable - All limitations and conditions which are enforceable by the 

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

those requirements developed pursuant to 40 CFR 60 and, 61, 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 issued 

under an EPA-approved program that is incorporated into the SIP and expressly requires adherence to any 

permit issued under such program. 

 2829. Fuel Burning Operation - Use of furnace, boiler, device or mechanism used principally 

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

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

 2930. Fugitive Dust - A type of particulate emission that becomes airborne by forces of wind, 

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

and materials handling. 

 3031. Fugitive Emissions - Air contaminants which escape to the air not through an exhaust 

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

or poorly maintained equipment. Emissions which could not reasonably pass through a stack, chimney, 

vent, or other functionally equivalent opening.

 3132. Garbage - Animal and vegetable waste resulting from the handling, preparation, cooking 

and serving of foods. 

 3233. 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. 

 3334. Hazardous Waste - Any waste identified as such by South Carolina Hazardous Waste 

Management Regulation 61-79. 

 3435. Hazardous Waste Fuel - Hazardous waste that has a heat value greater than 5000 BTU/lb. 

and is burned in an industrial or utility boiler or industrial furnace for energy recovery, except for
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hazardous wastes exempted by Section 266.30(b) of South Carolina Hazardous Waste Management 

Regulation 61-79. 

 3536. Hazardous Waste Incinerator - An incinerator whose primary function is to combust 

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

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

 3637. Hospital - any facility which has an organized medical staff, maintains at least six 

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

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

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

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

acutely ill but who require continuing medical supervision. 

 3738. Hospital/medical/infectious waste incinerator or HMIWI or HMIWI unit - any device that 

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

 3839. 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.

 3940. Incinerator - Any engineered device used in the process of controlled combustion of 

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

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

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

boiler nor is listed as an industrial furnace. 

 4041. Industrial Boiler - A boiler that produces steam, heated air, or other heated fluids for use 

in a manufacturing process. 

 4142. Industrial Furnace - Any of the following enclosed devices that are integral components 

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

energy: 

 a. Cement kilns 

 b. Lime kilns 

 c. Aggregate kilns 

 d. Phosphate kilns 

 e. Coke ovens 

 f. Blast furnaces 

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

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

 h. Titanium dioxide chloride process oxidation reactors 
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 i. Methane reforming furnaces 

 j. Pulping liquor recovery furnaces 

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

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

more of the following factors: 

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

products; 

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

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

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

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

industrial process to make a material product; 

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

product; and, 

 vi. Other factors, as appropriate. 

 4243. Industrial Incinerator - Any incinerator utilized in an industrial plant that does not meet 

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

site. 

 4344. In Existence - Means that the owner or operator has obtained all necessary construction 

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

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

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

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

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

standard. 

 4445. Kraft pulp mill - Any stationary source which produces pulp from wood by cooking 

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

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

considered part of the kraft pulp mill. 

 4546. Major Plant Source - Except as otherwise provided, this term refers to any plant which 

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

pollutant greater than or equal to the major source threshold as defined by applicable Federal and State 

regulations.

 4647. Malfunction - any sudden, infrequent, and not reasonably preventable failure of air 

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

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

periods of malfunction the operator shall operate within established parameters as much as possible, and 
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monitoring of all applicable operating parameters shall continue until all waste has been combusted or

until the malfunction ceases, whichever comes first. 

 4748. Mass Emission Rate - The weight discharged per unit of time. 

 4849. Medical/infectious waste - any waste generated in the diagnosis, treatment, or 

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

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

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

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

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

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

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

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

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

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

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

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

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

containers. 

 c. Human blood and blood products including: 

 i. Liquid waste human blood; 

 ii. Products of blood; 

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

communicable diseases, or isolated animals known to be infected with highly communicable diseases. 
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 g. Unused sharps including the following unused, discarded sharps: hypodermic needles, 

suture needles, syringes, and scalpel blades. 

 4950. Multiple-Chamber Incinerator - An incinerator consisting of at least two refractory lined 

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

interconnected by gas passage ports or ducts. 

 5051. Municipal Solid Waste, MSW or Municipal-type Solid Waste - Household, 

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

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

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

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

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

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

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

commercial/retail, and institutional wastes include: 

 a. Yard waste; 

 b. Refuse-derived fuel; and 

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

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

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

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

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

(including motor vehicle parts or vehicle fluff). 

 5152. Municipal Waste Combustor, MWC, or Municipal Waste Combustor Unit - Any setting 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

that are connected to the bottom ash handling system; and 

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

piping exiting the steam drum or superheater. 

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

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

 5253. Non-Industrial Boiler - Any boiler not classified as an industrial boiler. 

 5354. Non-Industrial Furnace - Any furnace not classified as an industrial furnace. 

 5455. Non-Spec. Oil (Off-Spec. Oil) - See definition of used oil. 

 5556. Opacity - The degree to which emissions reduce the transmission of light and obscure the 

view of an object in the background. 

 5657. Open Burning - Any fire or smoke-producing process which is not conducted in any 

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

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

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

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

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

1987.

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

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

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

 5958. Part 70 permit - Any permit or group of permits covering a source subject to the 

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

construed to mean “Part 70 Permit.” 

 6059. Particulate Matter - Any material, except uncombined water, that exists in a finely 

divided form as a liquid or solid at standard conditions. 

 6160. Particulate Matter Emissions - All finely divided solid or liquid material, other than 

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

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

concurrence of the U. S. Environmental Protection Agency. 

 6261. Pathological waste - waste material consisting of only human or animal remains, 

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

animal bedding (if applicable). 

 6362. Plant - Except as otherwise provided, any stationary source or combination of stationary 

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

same person(s) under common control. 
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 6463. Plastics/Rubber Recycling Unit - An integrated processing unit where plastics, rubber, 

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

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

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

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

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

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

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

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

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

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

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

metal rings on plastic bottle caps, etc.). 

 64. PM2.5 – 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. PM2.5 Emissions - Finely divided solid or liquid material 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 

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

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

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

accordance with 40 CFR 53 or by an equivalent method designated in accordance with 40 CFR 53.

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

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

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

 6568. Potential to Emit - The maximum capacity of a plant to emit a regulated pollutant under 

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

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

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

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

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

 6669. Process Industry - Any source engaged in the manufacture, processing, handling, 

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

 6770. Process Weight - The total weight of all materials introduced into a source operation, 

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

fuels but excluding liquids and gases used solely as fuels. 

 6871. Process Weight Rate - A rate established as follows: 

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

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

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

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

process operation during such a period. 

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

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

allowable emission shall apply. 

 6972. 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. 

 7073. Refuse - Garbage, rubbish and/or trade waste. 

 7174. Refuse-derived Fuel - A type of municipal solid waste produced by processing municipal 

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

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

refuse-derived fuel. 

 7275. Retail Business Type Incinerator - An incinerator that combusts waste typical of a retail 

business rather than domestic, commercial, or industrial activities. 

 7376. Rubbish - Solid wastes from residences and dwellings, commercial establishments, and 

institutions. 

 7477. Salvage Operations - Any operation of a business, trade, or industry engaged in whole or 

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

shipping containers, drums or automobiles. 

 7578. 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 major plant source or 

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

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

Secondary emissions may include, but are not limited to: 

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

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

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

modification. 

 7679. Sludge Incinerator - An incinerator that combusts wastes containing more than 10% (dry 

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

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

wastewater treatment plants. 

 7780. Smoke - Small gasborne and airborne particles arising from a process of combustion in 

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

 7881. Solid Fuel - A fuel which is fired as a solid such as coal, lignite and wood. 
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 7982. Spec. Oil - See definition of used oil. 

 8083. Stack - Any flue, conduit, chimney, or opening arranged to conduct an effluent into the 

open air. 

 8184. Stack Height - The vertical distance measured in feet between the point of discharge from 

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

 8285. Standard Conditions - 760 millimeters of mercury at 25o

 Centigrade. 

 8386. Stationary Source - Any building, structure, installation or process which emits or may 

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

be construed to mean “stationary source.” 

 8487. Substantial loss - Generally means a loss which would equal or exceed 10 percent of the 

total initial project cost. 

 8588. Synthetic minor plant source - A stationary source that obtains a federally enforceable 

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

emit to avoid being defined as a major plant source or major modification, as defined in S.C. Regulation 

61-62.5, Standard No. 7, Section I, Prevention of Significant Deterioration (“PSD”) by applicable Federal 

and State regulations.

 8789. Total reduced sulfur (TRS) - The sum of the sulfur compounds hydrogen sulfide, methyl 

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

 8890. Total Suspended Particulate (TSP) - Particulate matter as measured by the method 

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

 8991. Trade Waste - All solid, liquid or gaseous material or rubbish resulting from construction, 

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

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

 9092. Untreated lumber - Wood or wood products that have been cut or shaped and include wet, 

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

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

to, chromate copper arsenate, pentachlorophenol, and creosote. 

 9193. Used Oil - Any oil that has been refined from crude or synthetic oil and as a result of use, 

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

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

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

Two types of used oil are defined as follows: 

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

 i. Arsenic - 5 ppm maximum 

 ii. Cadmium - 2 ppm maximum 
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 iii. Chromium - 10 ppm maximum 

 iv. Lead - 100 ppm maximum 

 v. Nickel - 120 ppm maximum 

 vi. Total halogens - 4000 ppm maximum** 

 vii. Flash Point - 100o

F (37.8oC) minimum 

 _______________ 

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

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

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

 _______________ 

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

 9294. Utility Boiler - A boiler that produces steam, heated air, or other heated fluids for sale or 

for use in producing electric power for sale. 

 9395. Virgin Fuel - Unused solid, liquid, or gaseous commercial fuel. Also, clean wood or bark 

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

curtain incinerator. 

 9496. Volatile Organic Compound (VOC) - Any organic compound which participates in 

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

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

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

compounds: 

acetone; 

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

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

CFC-11 (trichlorofluoromethane); 

CFC-12 (dichlorodifluoromethane); 

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

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

CFC-115 (chloropentafluoroethane); 

dimethyl carbonate; 

ethane; 

HCFC-22 (chlorodifluoromethane); 

HCFC-31 (chlorofluoromethane); 

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

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

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

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

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

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

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

HCFC 225ca (3,3-dichloro-1,1,1,2,2-pentafluoropropane); 
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General Amendments to R. 61-62 

July 18, 2011 

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

HFC-23 (trifluoromethane); 

HFC-32 (difluoromethane); 

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

HFC-125 (pentafluoroethane); 

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

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

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

HFC-161 (ethylfluoride); 

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

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

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

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

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

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

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

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

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

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

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

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

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

methane; 

methyl acetate; 

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

methylene chloride (dichloromethane); 

methyl formate (HCOOCH3); 

parachlorobenzotrifluoride (PCBTF); 

perchloroethylene (tetrachloroethylene); 

perfluorocarbon compounds that fall into these classes: 

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

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

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

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

and fluorine; 

propylene carbonate; and 

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

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

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

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

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

with an emissions standard. 

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

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

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

 9597. Waste - Any discarded material including but not limited to used oil, hazardous waste 

fuel, hazardous waste, medical waste, municipal solid waste, sludge, waste fuel, and waste classification 
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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 impurities or loss of original properties. 

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

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

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

rags and plastic or rubber scraps. 

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

approximately 8500 BTU per pound as fired. 

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

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

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

no treated papers, plastic or rubber wastes. 

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

approximately 6500 BTU per pound as fired. 

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

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

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

approximately 4300 BTU per pound as fired. 

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

hotels, hospitals, markets, and like installations. 

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

of approximately 2500 BTU per pound as fired. 

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

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

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

approximately 1000 BTU per pound as fired. 

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

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

materials to be destroyed. 

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

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

 9698. Waste Fuel - Waste that does not meet hazardous waste criteria but has a heat value 

greater than 5000 BTU/lb. 

 9799. Yard waste - Grass, grass clippings, bushes, shrubs, and clippings from bushes and 

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

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

include construction, renovation, and demolition wastes, which are exempt from the definition of 
Revisions 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 does not include clean wood, which is also exempt from 

the definition of municipal solid waste in this Section. 

SECTION II - PERMIT REQUIREMENTS. 

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

The following regulation will not supersede any State or Federal requirements nor special permit 

conditions, unless this regulation would impose a more restrictive emission limit. The owner or operator 

shall comply with all terms, conditions, and limitations of any Department-issued permit for sources or 

activities at its facility. A source’s permit status 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 Federal requirements nor special permit 

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

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

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

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

commencement of construction. 

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

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

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

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

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

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

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

 i. Planning; 

 ii. Engineering and design; 

 iii. Geotechnical investigation; 

 iv. Site land clearing and grading; 

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

 vi. Ordering of equipment and materials; 

 vii. Receipt and storing of equipment; 

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

grade; 

 ix. Relocation of utilities; and, 

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

instrumentation. 

 d. In the event that the source does not qualify for issuance of a construction permit, the 

owners or operators accept the financial risk of commencing these activities. 
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July 18, 2011 

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

maintenance of any State or Federal standard. 

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

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

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

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

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

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

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

construction is not completed within a reasonable time. 

a) Is not commenced within 18 months after receipt of such approval,

b) Is discontinued for a period of 18 months or more, or

c) Is not completed within a reasonable time as deemed 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 phased construction project; each phase must 

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

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

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

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

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

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

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

exemptions, refer to S.C. Regulation 61-62.5, Standard No. 8. 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 revised as follows:

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

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

II (B)(2)(h) will not interfere with the attainment or maintenance of any State or Federal standard, on a 

list of sources to be exempted without further review. The list of sources that are exempt without further 

review from the requirement to obtain a construction permit will be maintained by the Department and 

periodically published in the South Carolina State Register for use by the public and the regulated 

community. 

Regulation 61-62.1, Section II(B)(4) has been revised 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 made by the Department on a case-by-case basis. This 

determination will take into consideration, but will not be limited to the nature and amount of the 

pollutants, location, proximity to residences and commercial establishments, etc. 
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General Amendments to R. 61-62 

July 18, 2011 

Regulation 61-62.1, Section II(B)(6) has been revised as follows 

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

any source from any obligation to comply with any other applicable requirements. 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 determination will take into consideration, but will not be 

limited to the nature and amount of the pollutants, location, proximity to residences and commercial 

establishments, etc.

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 Industrial Classification (SIC) Code orand North 

American Industry Classification System (NAICS) Code 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 been revised as follows: 

 4. New or Modified Sources 

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

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

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

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

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

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

Regulation 61-62.1, Section II(I)(2)(a) has been revised 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 operating permit as provided in Regulation 61-62.1, 

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

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

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

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

Department reserves the right to require a construction 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, 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(I)(3)(a) has been revised as follows: 
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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 revised 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 applications and written statements are an 

integral part of the permit. Any false information 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 emission monitors, any malfunction of air 

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

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

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

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

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

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

occurred; 

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

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

 iii. The time and duration of the excess emissions; 

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

 v. The nature and cause of such excess emissions; 

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

prevent the recurrence of such malfunction; 

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

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

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

consistent with good practice for minimizing emissions. 

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

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

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

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

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

for and receiving approval hereunder, shall be subject to enforcement action. 
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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 construction is discontinued for a period of 18 months or more, 

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

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

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

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

 g. A copy of the Department issued construction and/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 equipment or methods; sample and analyze emissions 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 compliance 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 revised as follows: 

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

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

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

Department. 

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 documents as may be required by law, the permittee shall 

allow the Department or an authorized representative to perform the following:

 1. Enter the facility where emissions-related activity is conducted, or where records must be kept 

under the conditions of the permit.

 2. Have access to and copy, at reasonable times, any records that must be kept under the conditions 

of the permit.

 3. Inspect any facilities, equipment (including monitoring and air pollution control equipment), 

practices, or operations regulated or required 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 parameters 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 revised as follows: 

 2. WATCH - This level will be activated when continuous air quality monitoring indicates that one of 

the following pollutant concentrations has been reached: 

 PM10 - 350 μg/m3

, 24-hour average; 
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General Amendments to R. 61-62 

July 18, 2011 

 SO2 - 400 μg/m3 (0.15 p.p.m.), 24-hour average; or

 O3 (Ozone) - 400 μg/m3

 (0.2 p.p.m.), 1-hour average; 

and meteorological conditions are such that the pollutant concentrations can be expected to remain at the 

above levels for twelve (12) hours or more, or increase, or in the case of ozone, the situation is likely to 

recur within the next 24 hours unless control actions are taken. 

 3. ALERT - This level indicates that air quality is continuing to deteriorate and that additional control 

actions are necessary. An alert will be declared when monitoring indicates that one of the following 

pollutant concentrations has been reached: 

 PM10 - 420 μg/m3

, 24-hour average; 

 SO2 - 800 μg/m3

 (0.3 p.p.m.), 24-hour average; or

 O3 (Ozone) - 800 μg/m3

 (0.4 p.p.m.), 1-hour average; 

and meteorological conditions are such that pollutant concentrations can be expected to remain at the 

above levels for twelve (12) hours or more, or increase, or in the case of ozone, the situation is likely to 

recur within the next 24 hours unless control actions 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 indicates that one of the following pollutant concentrations 

has been reached: 

 PM10 - 500 :μg/m3

, 24-hour average; 

 SO2 - 1600 :μg/m3

 (0.6 p.p.m.), 24-hour average; or 

 O3 (Ozone) - 1000 :μg/m3

 (0.5 p.p.m.), 1-hour average; 

and meteorological conditions are such that this condition can be expected to continue for twelve (12) or 

more, or increase, or in the case of ozone, the situation 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 been 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 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 operator of fuel burning sources except natural gas fired units, shall maintain a log 

of the time, magnitude, duration and any other pertinent information to determine periods of startup and 

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 Standards: 

Regulation 61-62.5 Standard 2 has been revised as follows: 

 The following table constitutes the ambient air quality standards for the State of South Carolina. The 

analytical methods to be used will be those applicable 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 bicarbonate-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

 

PM10 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 suspended particulate matter 

(2) At 250

 C and 760 mm Hg. 

(3) Attainment determinations will be made based on the 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 for that standard – will remain in place for 

implementation purposes as EPA undertakes rulemaking 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 average calculation can be found in 40 CFR 50.16 

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

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

SECTION V - COTTON GINS

A. Particulate matter emission from cotton gins shall 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 ginning operations shall be 20%.

A. Definitions

 1. 1D-3D cyclone – Any cyclone-type collector of the 1D-3D configuration. This 

designation refers to the ratio of the cylinder to cone length, where D is the diameter of the cylinder 

portion. A 1D-3D cyclone has a cylinder length of 1xD and a cone length of 3xD.
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General Amendments to R. 61-62 

July 18, 2011 

 2. 2D-2D cyclone – Any cyclone-type collector of the 2D-2D configuration. This 

designation refers to the ratio of the cylinder to cone length, where D is the diameter of the cylinder 

portion. A 2D-2D cyclone has a cylinder length of 2xD and a cone length of 2xD.

 3. Bale – A compressed package of cotton lint weighing 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 packaging 

the lint into bales.

 6. Ginning season – The period of time during which the gin is in operation; usually 

between (but not limited to) September of the current year and January of the following year.

 7. High pressure exhausts – The exhaust air systems at a cotton gin preceding the gin stand 

(including unloading, drying, extracting, cleaning, and overflow handling systems) in which material is 

conveyed by a higher pressure air and is typically controlled by cyclones.

 8. Low pressure exhausts – The exhausts air systems at a cotton gin following the gin stand 

(including lint cotton cleaning and battery formation process) in which material is conveyed by low 

pressure air and is typically controlled by condensers.

 9. Removal efficiency – Percent of total particulate matter removed from the gas stream 

between a cyclone’s inlet and outlet.

B. Applicability

 1. This rule applies to all existing, new, and modified cotton ginning operations in South 

Carolina. These facilities will be subject to registration permit conditions as specified in SC Regulation 

61-62.1 Section II(I). 

 2. Existing facilities with a maximum gin stand rated 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 promulgation 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 exhausts if 

emissions from these exhausts are controlled by fine 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 of the 

promulgation date of this rule. Until such time that a registration permit is issued by the Department, 

existing cotton ginning operations should operate with existing permits.

 2. Each cotton ginning operation shall install and operate a particulate emission control 

system on all high and low pressure exhausts and lint cleaning system exhausts that includes one or more 

1D-3D or 2D-2D cyclones meeting the cylinder diameter 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 Agricultural 
Revisions 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 comply 

with these control equipment requirements by August 31, 2012.

 3. Air pollutant emissions shall not exceed 20 percent opacity.

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

downward or outward.

 5. Trash stacker areas shall contain one of the following:

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 cyclone.

 6. The owner or operator shall ensure that all trucks transporting gin trash material are 

covered and that the trucks are cleaned of over-spill material before trucks leave the trash hopper dump 

area.

 7. Reasonable precautions should be taken when operating or maintaining storage piles, 

materials, equipment, or vehicles in order to prevent any substance from being scattered by the wind or 

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 operation 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 ginning operation;

 3. A description of the alternative control measure; and

 4. A demonstration that the alternative control measure 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 efficiency is maintained, the owner or 

operator shall establish, based on manufacturers recommendations or industry standards, an inspection 

and maintenance schedule for the control devices, other emission processing equipment, and monitoring 

devices that are used pursuant to this rule. The inspection and maintenance schedule shall be followed

throughout the ginning season. The results of the inspections and any maintenance performed on the 

control equipment, emission processing equipment, or 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.
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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 using a manometer, a Magnahelic® gauge, or other 

device that the Department has approved as being equivalent 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 this regulation, the owner or operator shall initiate

corrective action. Corrective action shall be recorded in the logbook. If corrective action will take more 

than 48 hours to complete, the owner or operator shall notify the Department no later than the end of the 

day such static pressure is measured.

 3. During the ginning season, the owner or operator shall weekly inspect for structural 

integrity of the control devices and other emissions processing systems and shall ensure that the control 

devices and emission processing systems conform to normal and proper operation of the gin. Fine mesh 

screens should be inspected daily throughout the ginning 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 this 

rule.

 4. If control devices are repaired or replaced with equivalent control equipment, the facility 

must maintain on-site documentation showing compliance 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 been 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 schedule as stipulated by special permit conditions and

shall ensure that source tests are conducted in accordance with R.61-62.1, Section IV, Source Tests unless 

they are subject to TRS continuous monitoring equipment as specified in Section XI(D)(1)(a) of this 

regulation. 

R. 61-62.5 Standard 6, Alternate Emissions Limitation 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”)Reserved
Revisions 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 allow existing plants to be excused from installing 

pollution controls at one or more emission sources in exchange for compensating increases in control at 

other emission sources. Each “bubble” must be equivalent to the 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 Hazardous Air Pollutants, or any other conditions which the 

Federal Clean Air Act mandates.

In order for a source to be eligible to use this option, it must be a source subject to emission 

limitations set forth in the State Implementation Plan (SIP).1

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

The conditions for approval of a proposed alternative emission limitation option for any of the 

pollutants, total suspended particulate, sulfur dioxide, or volatile organic compounds (VOC) are as 

follows:

A. the proposal must be initiated by the plant; and

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

and

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

D. points involved must have emissions which are quantifiable and trades among them must be equal 

or show a net decrease; and;

E. trades must be of the same pollutant category; and

F. the proposal must demonstrate equivalence or improvement of air quality impact from the 

proposed trades; and

G. pollutants designated as hazardous may only be used to “bubble” if the proposal 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 participation as follows:

 

1

 If there is no meaningful emission limitation set forth in the (SIP), a source may request that its

actual emission rate be stated as an enforceable emission limitation on the appropriate permits.
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A. The Department shall make a preliminary determination whether the application for an alternative 

emission limitations option should be approved, approved with conditions, or disapproved. A copy of all 

materials pertaining to the application and the preliminary determination shall be made available in at 

least one location in the area of the application for the proposed alternative set of limitations.

B. In the geographic area of the proposed action the public shall be notified of the application, the 

preliminary determination, the draft permits, and the opportunity for written public comment for 30 days 

following public notification. A public hearing shall be held to receive written or oral comments on the

proposed action if a hearing is requested in writing 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 notify the applicant. The final determination, permits, and 

public comments 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 determination, notice of public hearing, final 

determination, permits, and pertinent materials shall be transmitted to the EPA.

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 for use of an alternative emission 

limitation option if all of the following conditions are met:

a. There is no net increase in actual emissions; and

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

and

c. The relevant emission points are of similar effective stack height (approximately plus or minus 

10%).

2. Or a SIP revision and limited air quality modeling involving only the specific emission sources in 

the “bubble” will be required for sources not qualifying under paragraph 1 above provided there is no net 

increase in actual emissions. The modeling must show that the proposed “bubble” will not cause a 

significantly greater air quality impact than the impact of the original emission sources if required to meet 

the limitations of the Regulations individually.

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

1.0 μg/m3 on annual basis for TSP and SO2.

5.0 μg/m3 on 24 hour basis for TSP and SO2.

25.0 μg/m3 on 3 hour basis for SO2.
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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 consideration 

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 toward 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 violation 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 by an alternative set of volatile 

organic compounds (VOC) emission limitations for the emission points at the plant(s) provided the 

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

those alternative limitations 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 which cover those VOC emissions, the actual emission rate of VOC from such points shall be the 

baseline for the original limitations used for comparison with the proposed alternative set of limitations.

“Actual emissions” means the actual rate of emissions of 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 during a two-year period which precedes the particular 

date and which is representative of normal plant operation. The reviewing authority shall allow the use of 

a different time period upon a determination that it is more representative of normal plant operation.

Actual emissions shall be calculated using the unit’s actual 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 specific allowable emissions for the unit are 

equivalent to the actual emissions of the unit.

c. For any emissions unit which has not begun normal operations on the particular date, actual 

emissions shall equal the potential to emit of the unit on that date.

Should future regulations require a greater reduction from such points, the newer emission limitation 

must be met by the compliance date specified in the future regulations.

2. An application for approval of an alternative set of VOC emissions limitations shall include the:

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

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

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

d. other information requested by the Department in order to review the application.
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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 

within 50 kilometers of each other; and

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

maximum allowable emission rates contained in the SIP, where the maximum allowable emission rate for 

existing emission points not otherwise specified in the SIP shall be the actual VOC emissions; and

c. calculations of the hourly combined emission rate are based on the uninterrupted operation at 

normal production rates of all included operations. If the same equipment is used 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 or modified sources.

e. actual emissions of VOC from existing sources within 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) remaining in the nonattainment area, as a result of bubbling.

Part C. - De Minimis Cases

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

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

without a SIP revision.

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

SECTION V - ENFORCEABILITY 

Each emission point involved in the alternative set of emission limitations shall be assigned a 

specific measurable emission limitation as a condition of construction and operating permits.

Conditions on the permits must include:

1. requirements that suitable test procedures as specified 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 Deterioration: 

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

 (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 timely 

manner: 
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General Amendments to R. 61-62 

July 18, 2011 

 (i) Make a preliminary determination whether construction should be approved, approved with 

conditions, or disapproved. 

 (ii) Make available in at least one location in each region in which the proposed plant source or 

modification would be constructed a copy of all materials 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 newspaper of general circulation in each region in 

which the proposed plant source or modification would be constructed, of the application, 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 the 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 use planning agency and any State, Federal Land 

Manager, or Indian Governing Body whose lands may be 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 plant source or modification, alternatives to the plant

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

 (vi) Consider all written comments submitted within a time specified in the notice of public 

comment and all comments received at any public 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 comments 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 locations where the Department made available 

preconstruction information relating to the proposed plant source or modification. 

 (vii) Make a final determination whether construction should be approved, approved with 

conditions, or disapproved pursuant to this section. 

 (viii) Notify the applicant in writing of the final determination and make such notification 

available for public inspection at the same location where the Department made available preconstruction 

information and public comments relating to the plant source or modification. 

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

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

 (3) The requirements of Section (q), Public Participation, 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 criteria for construction approval under the South Carolina 

State Implementation Plan and for exemption under Section (i), requirements providing the public with at 

least as much participation in each material determination as those of Section (q) have been met in the 

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 been revised as follows: 

 (4) At such time that a particular source or modification becomes a major stationary source or major 

modification solely by virtue of a relaxation in any enforceable limitation which was established after 

August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, such as a

restriction on hours of operation, then the requirements or paragraphs (j) through (s) (r) shall apply to the 

source or modification as though construction had not yet commenced on the source or modification. 

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

 (1) Any permit issued under this section or a prior 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 Review (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 which emits, or has the potential to emit 100 

tons per year or more of any regulated NSR pollutant, 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 section.

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

serious ozone nonattainment area.

 (b) 50 tons per year of volatile organic compounds 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 compounds or oxides of nitrogen in any 

severe ozone nonattainment area.

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

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

General Amendments to R. 61-62 

July 18, 2011 

Clean Copy, R. 61-62.1 
Revisions 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 Regulations and Standards shall, for the 

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

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

Control Act. 

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

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

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

process. 

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

(EPA) or his/her designee. 

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

gases after they have passed from the combustion chamber. 

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

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

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

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

emissions to the atmosphere. 

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

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

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

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

an existing incinerator. 

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

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

research pertaining thereto. 

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

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

interferon, etc. 

 11. Board - Board means Board of Health and Environmental Control. 
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July 18, 2011 

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

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

secretions. 

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

characteristics including the following: 

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

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

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

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

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

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

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

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

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

process stream), and fluidized bed combustion units. 

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

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

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

the air pollution control device or other equipment. 

 15. 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 from the production or, use of 

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

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

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

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

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

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

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

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

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

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

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

maintenance activities at commercial establishments. 

 19. Commissioner - Commissioner means the Commissioner 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 Department to limit or cap the stationary source’s potential to 

emit to avoid being defined as a major source as defined by applicable Federal and State regulations. 
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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 construction” - Means significant and 

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

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

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

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

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

human remains or animal remains. 

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

Environmental Control. 

 25. Dioxins/furans - the combined emissions of tetra- through octa-chlorinated dibenzoparadioxins and dibenzofurans, as measured by EPA Reference 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 Protection Agency which limits the quantity, rate, or 

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

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

procedures for a source to assure continuous emission reduction. 

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

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

those requirements developed pursuant to 40 CFR 60, 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 issued 

under an EPA-approved program that is incorporated into the SIP and expressly requires adherence to any 

permit issued under such program. 

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

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

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

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

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

and materials handling. 

 31. Fugitive Emissions - Emissions which could not reasonably pass through a stack, 

chimney, vent, or other functionally equivalent opening. 

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

and serving of foods. 
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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 has a heat value greater than 5000 BTU/lb. 

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

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

Regulation 61-79. 

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

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

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

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

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

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

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

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

acutely ill but who require continuing medical supervision. 

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

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

 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.

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

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

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

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

boiler nor is listed as an industrial furnace. 

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

in a manufacturing process. 

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

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

energy: 

 a. Cement kilns 

 b. Lime kilns 

 c. Aggregate kilns 

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

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July 18, 2011 

 e. Coke ovens 

 f. Blast furnaces 

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

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

 h. Titanium dioxide chloride process oxidation reactors 

 i. Methane reforming furnaces 

 j. Pulping liquor recovery furnaces 

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

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

using one or more of the following factors: 

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

material products; 

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

product; 

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

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

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

ingredients in an industrial process to make a material product; 

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

material product; and, 

 vi. Other factors, as appropriate. 

 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 any 

site. 

 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 without substantial loss to the owner or operator, to 

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

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

standard. 

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

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

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

considered part of the kraft pulp mill. 
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July 18, 2011 

 46. Major Source - Except as otherwise provided, this 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 maintenance or careless operation are not malfunctions. During 

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

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

until the malfunction ceases, whichever comes first. 

 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 research pertaining thereto, or in the production or testing 

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

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

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

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

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

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

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

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

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

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

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

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

their containers. 

 c. Human blood and blood products including: 

 i. Liquid waste human blood; 

 ii. Products of blood; 

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

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

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

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

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

 

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

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

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

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

glassware that were in contact with infectious agents, such as used slides and cover slips. 
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 e. Animal waste including contaminated animal carcasses, body parts, and bedding 

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

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

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

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

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

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

needles, suture needles, syringes, and scalpel blades. 

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

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

interconnected by gas passage ports or ducts. 

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

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

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

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

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

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

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

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

commercial/retail, and institutional wastes include: 

 a. Yard waste; 

 b. Refuse-derived fuel; and 

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

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

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

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

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

(including motor vehicle parts or vehicle fluff). 

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

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

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

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

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

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

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

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

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

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

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

municipal waste combustor unit includes, but is not limited to, the municipal solid waste fuel feed system, 
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July 18, 2011 

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

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

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

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

combustion chamber; 

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

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

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

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

ends at the piping exiting the steam drum or superheater. 

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

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

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

 54. Non-Industrial Furnace - Any furnace not classified 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 process which is not conducted in any 

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

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

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

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

construed to mean “Part 70 Permit.” 

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

divided form as a liquid or solid at standard conditions. 

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

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

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

concurrence of the U. S. Environmental Protection Agency. 

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

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

animal bedding (if applicable). 

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

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

same person(s) under common control. 
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July 18, 2011 

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

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

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

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

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

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

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

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

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

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

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

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

metal rings on plastic bottle caps, etc.). 

 64. PM2.5 – 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. PM2.5 Emissions - Finely divided solid or liquid material 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 approved by the Department, with concurrence of the U. S. Environmental Protection Agency. 

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

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

accordance with 40 CFR 53 or by an equivalent method designated in accordance with 40 CFR 53. 

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

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

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

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

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

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

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

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

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

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

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

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

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

fuels but excluding liquids and gases used solely as fuels. 

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

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

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

number of hours of such period or portion thereof. 
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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 the design of any equipment is such as to permit 

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

allowable emission shall apply. 

 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. 

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

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

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

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

refuse-derived fuel. 

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

business rather than domestic, commercial, or industrial activities. 

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

institutions. 

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

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

shipping containers, drums or automobiles. 

 78. Secondary Emissions - Emissions which would occur 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 specific, well defined, quantifiable, and shall impact the 

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

emissions may include, but are not limited to: 

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

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

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

major modification. 

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

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

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

wastewater treatment plants. 

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

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

 81. Solid Fuel - A fuel which is fired as a solid such as coal, lignite and wood. 
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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 and the elevation of the land thereunder. 

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

 Centigrade. 

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

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

be construed to mean “stationary source.” 

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

total initial project cost. 

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

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

avoid being defined as a major source or major modification, as defined by applicable Federal and State 

regulations. 

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

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

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

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

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

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

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

 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 been 

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

to, chromate copper arsenate, pentachlorophenol, and 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 suitable for further use and may be economically recyclable. 

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

Two types of used oil are defined as follows: 

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

 i. Arsenic - 5 ppm maximum 

 ii. Cadmium - 2 ppm maximum 

 iii. Chromium - 10 ppm maximum 
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July 18, 2011 

 iv. Lead - 100 ppm maximum 

 v. Nickel - 120 ppm maximum 

 vi. Total halogens - 4000 ppm maximum** 

 vii. Flash Point - 100o

F (37.8oC) minimum 

 _______________ 

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

waste. 

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

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

 _______________ 

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

above. 

 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 reduction excluding clean wood or bark burned in an air 

curtain incinerator. 

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

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

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

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

compounds: 

acetone; 

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

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

CFC-11 (trichlorofluoromethane); 

CFC-12 (dichlorodifluoromethane); 

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

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

CFC-115 (chloropentafluoroethane); 

dimethyl carbonate; 

ethane; 

HCFC-22 (chlorodifluoromethane); 

HCFC-31 (chlorofluoromethane); 

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

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

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

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

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

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

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

HCFC 225ca (3,3-dichloro-1,1,1,2,2-pentafluoropropane); 
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July 18, 2011 

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

HFC-23 (trifluoromethane); 

HFC-32 (difluoromethane); 

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

HFC-125 (pentafluoroethane); 

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

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

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

HFC-161 (ethylfluoride); 

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

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

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

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

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

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

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

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

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

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

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

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

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

methane; 

methyl acetate; 

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

methylene chloride (dichloromethane); 

methyl formate (HCOOCH3); 

parachlorobenzotrifluoride (PCBTF); 

perchloroethylene (tetrachloroethylene); 

perfluorocarbon compounds that fall into these classes: 

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

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

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

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

and fluorine; 

propylene carbonate; and 

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

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

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

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

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

with an emissions standard. 

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

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

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

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

fuel, hazardous waste, medical waste, municipal solid waste, sludge, waste fuel, and waste classification 
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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 impurities or loss of original properties. 

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

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

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

cardboard, oily rags and plastic or rubber scraps. 

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

approximately 8500 BTU per pound as fired. 

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

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

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

no treated papers, plastic or rubber wastes. 

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

approximately 6500 BTU per pound as fired. 

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

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

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

value of approximately 4300 BTU per pound as fired.

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

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

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

heating value of approximately 2500 BTU per pound as fired. 

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

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

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

value of approximately 1000 BTU per pound as fired.

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

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

individual materials to be destroyed. 

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

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

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

greater than 5000 BTU/lb. 

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

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

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

include construction, renovation, and demolition wastes, which are exempt from the definition of 
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July 18, 2011 

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

the definition of municipal solid waste in this Section. 

SECTION II - PERMIT REQUIREMENTS.

The following regulation will not supersede any State or Federal requirements nor special permit 

conditions, unless this regulation would impose a more restrictive emission limit. The owner or operator 

shall comply with all terms, conditions, and limitations of any Department-issued permit for sources or 

activities at its facility. A source’s permit status 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 contaminants, including installation of any device for the control 

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

commencement of construction. 

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

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

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

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

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

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

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

 i. Planning; 

 ii. Engineering and design; 

 iii. Geotechnical investigation; 

 iv. Site land clearing and grading; 

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

personnel; 

 vi. Ordering of equipment and materials; 

 vii. Receipt and storing of equipment; 

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

slab on grade; 

 ix. Relocation of utilities; and, 

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

and instrumentation. 

 d. In the event that the source does not qualify for issuance of a construction permit, 

the owners or operators accept the financial risk of commencing these activities. 

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

maintenance of any State or Federal standard. 
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3. The owner or operator shall submit written notification to the Department of the date construction 

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

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

4. Approval to construct shall become invalid if construction: 

a) Is not commenced within 18 months after receipt of such approval, 

b) Is discontinued for a period of 18 months or more, or 

c) Is not completed within a reasonable time as deemed 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 phased construction project; each phase must 

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

B. Exemptions From the Requirement to Obtain a Construction Permit

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

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

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

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

permit. 

 a. Natural gas boilers. 

 b. Oil-fired boilers of 50 x 106

 BTU/HR rated input capacity or smaller. 

 c. Coal-fired boilers of 20 x 106

 BTU/HR rated input capacity or smaller. 

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

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

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

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

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

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

 a. Boilers and space heaters of less than 1.5 x 10

6

 BTU/HR rated input capacity 

which burn only virgin liquid fuels or virgin solid fuels. 

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

 BTU/HR rated input capacity 

which burn only virgin gas fuels. 

 c. Comfort air-conditioning or ventilation systems. 

 d. Motor vehicles. 

 e. Laboratory hoods. 

 f. Emergency power generators as described below:

 i. Generators of less than or equal to 150 KW rated capacity. 
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 ii. Generators of greater than 150 KW rated capacity designated for 

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

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

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

combination of these. 

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

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

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

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

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

exemptions, refer to S.C. Regulation 61-62.5, Standard No. 8. 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 listed in Section II (B)(2)(a) through (g), 

and other sources that have been determined will not interfere with the attainment or maintenance of any 

State or Federal standard, on a list of sources to be exempted without further review. The list of sources 

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

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

the public and the regulated community. 

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

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

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

residences and commercial establishments, etc. 

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

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

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

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

shall include the following information: 

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

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

earlier permit applications, permit exemptions, and issued permits; 

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

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

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

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

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

operator of any source from any obligation to comply with any other applicable requirements. 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 determination will take into consideration, but will not be 

limited to the nature and amount of the pollutants, location, proximity to residences and commercial 

establishments, etc. 
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C. Construction Permit Applications 

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

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

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

exempted from the State registration requirements.)

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

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

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

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

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

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

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

 c. Package-type boilers of 100 x 106

 BTU/hr input capacity or smaller which burn 

natural gas or virgin oil as fuel. 

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

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

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

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

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

owner or agent for the company; 

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

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

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

Number; 

 

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

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

produced by the proposed sources covered by this application; 

 e. The facility's planned operating schedules; 

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

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

from which the facility determined potential emissions; 

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

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

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

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

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

devices used within the production process; 
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 h. A detailed description of each proposed or existing source that is being altered, 

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

control equipment; 

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

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

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

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

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

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

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

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

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

must be included in the emission calculations; 

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

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

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

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

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

air pollution control devices; 

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

Engineering Practice Stack Height" rules. 

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

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

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

device, if any; 

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

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

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

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

maintenance of any ambient air quality standard; 

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

a regulatory applicability determination; and, 

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

determined by the Department. 

D. General Construction Permits 

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

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

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

shall identify criteria by which sources may qualify for coverage under the general construction permit. 
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 2. Sources may submit a construction permit application to the Department with a request 

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

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

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

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

qualify for coverage under the general construction permit. 

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

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

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

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

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

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

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

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

E. Synthetic Minor Construction Permits 

 1. General Provisions 

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

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

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

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

Section II (E)(5). 

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

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

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

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

approval, or denial. 

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

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

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

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

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

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

the source desires to proceed with the project. 

 2. New Sources and Modifications 

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

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

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

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

commence until the source has received an effective permit to construct. 
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 b. The owner or operator shall submit written notification to the Department of the 

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

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

after such date. A written request to obtain an operating permit shall be submitted to the Department no 

later than fifteen (15) days after the actual date of initial startup of each new or altered source in

accordance with S.C. Regulation 61-62.1, Section II (F). A satisfactory compliance inspection by a 

Department representative may precede the issuance of an operating permit for any newly constructed or

modified source. 

 3. Synthetic Minor Construction Permit Conditions 

 a. Synthetic minor construction permits shall contain the standard permit conditions 

listed in Section II (J)(1) and any special permit conditions required to verify a source's compliance with 

the emissions limitations and operational requirements. 

 b. The limitations and requirements listed as permit conditions shall be permanent, 

quantifiable, or otherwise enforceable as a practical matter. 

 c. All synthetic minor construction permit conditions that constrain the operation of 

a source in an effort to limit potential to emit below major source threshold levels shall be Federally 

enforceable. Unless otherwise agreed by the Department and EPA, the Department shall provide to EPA 

on a timely basis a copy of each proposed (or draft) and final permit intended to be Federally enforceable. 

 4. General Synthetic Minor Construction Permits 

 a. The Department may, after notice and opportunity for public participation 

provided under S.C. Regulation 61-62.1, Section II (N), issue a general synthetic minor construction 

permit applicable to similar sources. Any general synthetic minor construction permit shall incorporate 

all requirements applicable to the construction of similar synthetic minor sources and shall identify 

criteria by which sources may qualify for the general permit. Sources may submit a permit application to 

the Department with a request for coverage under the conditions and terms of a general synthetic minor

construction permit for similar sources. The Department shall grant the general synthetic minor 

construction permit to sources certifying qualification for and agreeing to the conditions and terms of the 

general synthetic minor construction permit for similar sources. The source shall be subject to 

enforcement action for operation without a valid permit if the source is later determined not to qualify for 

the conditions and terms of the general synthetic minor construction permit. 

 b. The Department may grant a source's request for authorization to operate under a 

general permit without further public notice, but such a grant shall be a final permit action for purposes of 

judicial review. 

 c. The Department shall provide timely notice to the public of any authorization 

given to a facility to operate under the terms of a general permit. Such notice may be made on a periodic, 

summarized basis covering all facilities receiving authorization since the last notice. 

 5. Requirements for Synthetic Minor Construction Permit Applications 

 a. In addition to the minimum information required by S.C. Regulation 61-62.1, 

Section II (C)(3), any facility applying for a synthetic minor construction permit must also provide the 

following: 
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 i. Potential emission calculations and proposed Federally enforceable 

emission limitations for each emission unit at the facility verifying that the total emissions at the facility 

will be below the major source (or facility) thresholds; 

 ii. All proposed production and/or operational limitations that will constrain 

the operation of each emission unit that are to be identified as Federally enforceable; and, 

 iii. All proposed monitoring parameters, recordkeeping and reporting 

requirements the applicant will use to determine and verify compliance with the requested Federally 

enforceable limitations on a continuous basis. The applicant shall also provide the compliance status of 

these proposed parameters and requirements at the time of the application submittal. 

 b. The permit application for general synthetic minor construction permits may 

deviate from the requirements of Section II (E)(5)(a) provided that such application includes all 

information necessary to determine qualification for, and to assure compliance with, the general permit 

F. Operating Permits 

 1. The owner or operator shall submit written notification to the Department of the actual 

date of initial startup of each new or altered source, postmarked within 15 days after such date. Any

source that is required to obtain an air quality construction permit issued by the Department must obtain 

an operating permit when the new or altered source is placed into operation and shall comply with the 

requirements of this section. 

 

 2. The owner/operator or professional engineer in charge of the project shall certify that, to 

the best of his/her knowledge and belief and as a result of periodic observation during construction, the 

construction under application has been completed in accordance with the specifications agreed upon in

the construction permit issued by the Department. If construction is certified as provided above, the

permittee may operate the source in compliance with the terms and conditions of the construction permit 

until the operating permit is issued by the Department. If construction is not built as specified in the 

permit application and associated construction permit(s), the owner/operator must submit to the 

Department a complete description of modifications that are at variance with the documentation of the 

construction permitting determination prior to commencing operation. Construction variances that would 

trigger additional requirements that have not been addressed prior to start of operation shall be considered 

construction without a permit. 

 

3. Request for a New or Revised Operating Permit 

 a. For sources covered by an effective Title V operating permit, the modification 

request required by S.C. Regulation 61-62.70 shall serve as the request to operate for the purposes of this 

regulation. 

 b. For sources not subject to S.C. Regulation 61-62.70, or not yet covered by an 

effective Title V operating permit, the permittee shall submit a written request for a new or revised 

operating permit to cover any new, or altered source, postmarked no later than fifteen (15) days after the 

actual date of initial startup of each new or altered source. 

 c. The written request for a new or revised operating permit must include, as a 

minimum, the following information: 
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 i. A list of sources that were placed into operation. 

 ii. The actual date of initial startup of each new or altered source. 

G. Conditional Major Operating Permits 

1. The requirements of Section II (G) shall apply to those sources that request a Federally 

enforceable permit to limit their potential to emit to less than major source thresholds. 

 2. General Provisions 

 a. Any stationary source that satisfies the definition of a major source may request a 

Federally enforceable conditional major operating permit to limit the source's potential to emit and 

become a conditional major source. Any stationary source that has received a synthetic minor 

construction permit to limit the source's potential to emit below major source threshold levels, that is not 

required to obtain a Title V operating permit, shall be issued a conditional major operating permit to

consolidate the source's limitations on potential to emit, and shall be considered a conditional major

source. 

 b. Stationary sources requesting a conditional major operating permit shall submit a 

complete request for a new or revised operating permit to the Department as required by S.C. Regulation 

61-62.1, Section II (G)(6). 

 c. Stationary sources requesting an original or renewed conditional major operating 

permit shall undergo the public participation procedures of S.C. Regulation 61-62.1, Section II (N). 

Submission of a request for renewal meeting the requirements in S.C. Regulation 61-62.1, Section II (H) 

shall allow the permittee to continue operating pursuant to the most recent conditional major operating 

permit, until such time as the Department has taken final action on the request for renewal. 

 d. The Department shall act on a request for a conditional major operating permit 

and shall notify the source in writing of its approval, conditional approval, or denial. 

 e. In the event of a denial of a conditional major operating permit request, the 

Department shall notify the source in writing of the reasons for the denial. The Department shall not

accept a subsequent conditional major operating permit request until the source has addressed the 

concerns specified by the Department which caused the original denial. The source shall correct all 

deficiencies noted by the Department or submit a complete permit application in accordance with S.C. 

Regulation 61-62.70 in order to receive a Title V operating permit. 

 3. Existing Sources 

 a. Any owner or operator desiring to be permitted as a conditional major source 

shall submit an operating permit request containing the information identified in S.C. Regulation 61-62.1, 

Section II (G)(6). A Federally enforceable conditional major operating permit shall constrain the 

operations of the source such that potential emissions fall below applicable regulatory levels and therefore 

exclude the source from the requirements to have a Title V operating permit. 

 b. A request for a conditional major operating permit shall not relieve a source from 

the requirement to meet the deadline for submittal of a Title V operating permit application. 

 4. New or Modified Sources 
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 a. Any owner or operator who plans to construct, alter, or add to a source of air 

contaminants, including the installation of any device for the control of air contaminant discharges, and 

desires a conditional major operating permit shall provide a written request to the Department for a 

Federally enforceable synthetic minor construction permit conditioned to constrain the operation of the 

source, along with a complete construction permit application package containing the information 

identified in S.C. Regulation 61-62.1, Section II (G)(6). The construction of the new or modified source 

shall not commence until the source has received an effective permit to construct from the Department.

 b. A written request to obtain a conditional major operating permit shall be 

submitted to the Department postmarked no later than fifteen (15) days after the actual date of initial 

startup of each new or altered source. This request shall include any additional information required in 

S.C. Regulation 61-62.1, Section II (G)(6). These facilities will be issued conditional major operating 

permits without further public notice if no substantive changes to limitations are required. A satisfactory 

compliance inspection by a Department representative may precede the issuance of an operating permit 

for any newly constructed or modified source. 

 5. Conditional Major Operating Permit Conditions 

 a. Conditional major operating permits shall contain the standard permit conditions 

listed in Section II (J)(1) and any special permit conditions required to verify a source's compliance with 

the emissions limitations and operational requirements. 

 b. The limitations and requirements listed as permit conditions shall be permanent, 

quantifiable, or otherwise enforceable as a practical matter. 

 c. All conditional major operating permit conditions that constrain the operation of 

a source in an effort to limit potential to emit below major source threshold levels as defined in S.C. 

Regulation 61-62.70 shall be Federally enforceable. Unless otherwise agreed by the Department and EPA,

the Department shall provide to EPA on a timely basis a copy of each proposed (or draft) and final permit 

intended to be Federally enforceable. 

 6. Additional Requirements for Conditional Major Operating Permit Requests 

 a. In addition to the minimum information required by S.C. Regulation 61-62.1, 

Section II (C)(3), any facility requesting a conditional major operating permit must also provide the 

following: 

 i. Potential emission calculations and proposed Federally enforceable 

emission limitations for each emission unit at the facility verifying that the total emissions at the facility 

will be below the major source (or facility) thresholds. 

 ii. All proposed production and/or operational limitations that will constrain 

the operation of each emission unit that are to be identified as Federally enforceable. 

 iii. All proposed monitoring parameters, recordkeeping and reporting 

requirements the source will use to determine and verify compliance with the requested Federally 

enforceable limitations on a continuous basis. The source shall also provide the compliance status of these 

proposed parameters and requirements at the time of the request submittal. 
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 b. The request for general conditional major operating permits may deviate from the 

requirements of Section II (G)(6) provided that such request includes all information necessary to 

determine qualification for, and to assure compliance with, the general permit. 

 7. General Conditional Major Operating Permits 

 a. The Department may, after notice and opportunity for public participation 

provided under S.C. Regulation 61-62.1, Section II (N), issue a general conditional major operating 

permit applicable to similar sources. Any general conditional major operating permit shall incorporate all 

requirements applicable to the operation of similar conditional major sources and shall identify criteria by 

which sources may qualify for the general permit. Sources may submit a permit application to the 

Department with a request for coverage under the conditions and terms of a general conditional major 

operating permit for similar sources. The Department shall grant the general conditional major operating 

permit to sources certifying qualification for and agreeing to the conditions and terms of the general

conditional major operating permit for similar sources. The source shall be subject to enforcement action 

for operation without a valid permit if the source is later determined not to qualify for the conditions and 

terms of the general conditional major operating permit. 

 b. The Department may grant a source's request for authorization to operate under a 

general permit without further public notice, but such a grant shall be a final permit action for purposes of 

judicial review. 

 c. The Department shall provide timely notice to the public of any authorization 

given to a facility to operate under the terms of a general permit. Such notice may be made on a periodic, 

summarized basis covering all facilities receiving authorization since the last notice. 

H. Operating Permit Renewal Requests 

 1. Any source that wishes to have its operating permit renewed must submit a written 

request to the Department. 

 2. The provisions of S.C. Regulation 61-62.1, Section II (H), shall apply only to those 

sources not subject to S.C. Regulation 61-62.70. For sources covered by an effective Title V operating 

permit, the operating permit renewal request required by S.C. Regulation 61-62.70 shall serve as the 

request to operate for the purposes of this regulation. 

 3. For sources not subject to S.C. Regulation 61-62.70, the permittee shall submit an 

operating permit renewal request to the Department no later than 90 days prior to the operating permit

expiration date. The source may be inspected by the Department in order to decide whether to renew the 

permit. Past records of compliance and future probability of compliance will be considered in making the 

decision regarding renewal. 

 4. Operating permit renewal requests shall include a description of any changes at the 

facility that have occurred since issuance of the last operating permit that may effect the operating permit 

or operating permit review. In general, the description shall include any addition, alteration or removal of 

sources, including sources exempt from construction permit requirements; addition, alteration or removal 

of emission limitations; any changes to monitoring, recordkeeping, or reporting requirements; and any 

changes or additions to special permit conditions. The following items should be addressed as part of the 

operating permit renewal request: 
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 a. The company name and mailing address; the facility name and mailing address 

(if different from that of the company); and the name, mailing address, and telephone number of the 

owner or agent for the company; 

 b. The location of the facility including its street address and the name, mailing 

address, and telephone number of the facility's contact person; 

 c. The facility's Federal Employer Identification Number or Federal Tax ID 

Number; 

 

 d. Any change to the U. S. Standard Industrial Classification (SIC) Code or North 

American Industry Classification System (NAICS) Codes of the products or product lines; 

 e. Any construction permits to be incorporated into the operating permit, either 

whole or in part, and any listed information descriptions that have been removed or decommissioned. 

Any changes to exempted sources listed in current operating permit; 

 f. Any change to the facility's planned operating schedules or description of the 

facility's current and/or proposed processes, including the physical and chemical properties and feed rate 

of the materials used and produced (in pounds per hour), from which the facility determined actual and

potential emissions; 

 g. Any changes to current process flow diagram or production process layout shall 

be addressed, showing the flow of materials and intermediate and final products. Updated process flow

diagram or production process layout must identify major equipment, machines, and process steps or 

product lines within the production process, all product streams, all exhaust streams (emission points) 

including fugitive within the production process, all waste streams, and all control devices including

inherent process control devices used within the production process; 

 h. A description, including the Chemical Abstract Service (CAS) number (if 

applicable), of all emissions from each source. Mass emission data and emission calculations, including 

the potential uncontrolled and controlled mass emission rate of each criteria pollutant and other air 

contaminants such as volatile organic compounds (VOC), toxic air pollutants (TAP), and hazardous air 

pollutants (HAP), emitted from each source. Emission calculations must be based on proper 

documentation that supports the basis of the emission rates such as stack test data, AP-42 emission 

factors, material balance, and/or engineering estimates. All assumptions used in the emission calculations 

must be provided. Fugitive emissions (i.e. emissions from filling operations, pumps, valves, flanges, etc.) 

must be included in the emission calculations. A summary of facility-wide potential uncontrolled and 

controlled emissions with a regulatory applicability determination. If existing data supplied to the Bureau 

remains correct, identify documents referenced to comply with this requirement; 

 i. If no longer accurate, a revised air dispersion modeling analysis or other 

information demonstrating that emissions from the facility will not interfere with the attainment or 

maintenance of any ambient air quality standard. As needed, include a description of each stack or vent 

related to the proposed and/or existing source(s), minimum anticipated height(s) above ground, maximum

anticipated internal dimensions, discharge orientation(s), exhaust volume flow rate(s), exhaust gas 

temperature(s), and rain protection devices, if any. If existing data supplied to the Bureau remains 

correct, identify document referenced to comply with this requirement; and, 

 j. Other information as may be necessary for proper evaluation of the operating 

permit request. 
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I. Registration Permits 

 1. Development of Registration Permits 

 a. The Department may, after notice and opportunity for public participation 

provided under S.C. Regulation 61-62.1, Section II (N), develop registration permits applicable to similar 

sources. Any registration permit developed shall specify compliance with all requirements applicable to 

the construction or operation of that specific category of stationary sources and shall identify criteria by 

which sources may qualify for the registration permit. 

 b. Registration permits will be developed only for specific stationary source groups 

with uncontrolled potential to emit less than the threshold for major source groups, in accordance with 

S.C. Regulation 61-62.70, Title V Operating Permit Program; S.C. Regulation 61-62.5, Standard No. 7, 

Prevention of Significant Deterioration; S.C. Regulation 61-62.5, Standard No. 7.1, Nonattainment New 

Source Review; and where equipment similarities and simplicity remove the need for in depth sitespecific review. 

 2. Application for Coverage Under a Registration Permit 

 a. A source that qualifies may elect to apply to the Department for coverage under a 

registration permit in lieu of a construction and operating permit as provided in Regulation 61-62.1, 

Section II (A) and (F). The Department shall grant the registration permit to sources certifying 

qualification for and agreeing to the conditions and terms of the registration permit applicable to similar 

sources. The source shall be subject to enforcement action for operation without a valid permit if the 

source is later determined not to qualify for the conditions and terms of the registration permit. The

Department reserves the right to require a construction 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, but 

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 for authorization to operate under a 

registration permit without further public notice, but such a grant shall be a final permit action for

purposes of judicial review. 

 3. Registration Permit Conditions 

 a. Registration Permits shall contain any applicable permit conditions listed in 

Section II (J) as the Department finds appropriate.

 b. Registration Permits shall contain any applicable special permit conditions 

required to verify a source's compliance with any emissions limitations and operational requirements. 

J. Permit Conditions 

 1. Standard Permit Conditions 

 All construction and operating permits shall contain the following standard permit conditions. 

 

 a. No applicable law, regulation or standard will be contravened. 
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 b. All official correspondence, plans, permit applications and written statements are 

an integral part of the permit. Any false information 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 emission monitors, any malfunction 

of air pollution control equipment or system, process upset or other equipment failure which results in 

discharges of air contaminants lasting for one hour or more and which are greater than those discharges 

described for normal operation in the permit application shall be reported to the Department within 

twenty-four hours after the beginning of the occurrence and a written report shall be submitted to the

Department within thirty (30) days. The written report shall include as a minimum, the following: 

 i. The identity of the stack and/or emission point where the excess 

emissions occurred; 

 ii. The magnitude of the excess emissions expressed in the units of the 

applicable emission limitation and the operating data and calculations used in determining the excess 

emissions; 

 iii. The time and duration of the excess emissions; 

 iv. The identity of the equipment causing the excess emissions; 

 v. The nature and cause of such excess emissions; 

 vi. The steps taken to remedy the malfunction and the steps taken or planned 

to prevent the recurrence of such malfunction; 

 vii. The steps taken to limit the excess emissions; and, 

 viii. Documentation that the air pollution control equipment, process 

equipment, or processes were at all times maintained and operated, to the maximum extent practicable, in 

a manner consistent with good practice for minimizing emissions. 

 d. Sources required to have continuous emission monitors shall submit reports as 

specified in applicable parts of the permit, law, regulations, or standards. 

 e. Any owner or operator who constructs or operates a source or modification not in 

accordance with the application submitted pursuant to this regulation or with the terms of any approval to 

construct, or who commences construction after the effective date of these regulations without applying 

for and receiving approval hereunder, shall be subject to enforcement action. 

 f. Approval to construct shall become invalid if construction is not commenced 

within 18 months after receipt of such approval, if construction is discontinued for a period of 18 months 

or more, or if construction is not completed within a reasonable time. The Department may extend the 

18-month period upon a satisfactory showing that an extension is justified. This provision does not apply 

to the time period between construction of the approved phases of a phased construction project; each 

phase must commence construction within 18 months of the projected and approved commencement date. 

 g. A copy of the Department issued construction and/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 equipment or methods; sample and analyze emissions
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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 compliance 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 limits, source performance testing, operation and 

maintenance requirements, notification requirements, recordkeeping requirements, reporting 

requirements, and other monitoring as required. 

 a. When special permit conditions contain production or operational limits, the 

permit shall have monitoring and/or recordkeeping requirements to verify a source's compliance with the 

limitations. 

 b. When special permit conditions require an add-on air pollution control device to 

be operated at a specified destruction and removal efficiency level, the permit shall have monitoring and 

recordkeeping requirements to determine the add-on air pollution control device's performance on a short 

term basis. 

 c. The time period over which a permit limitation on production or operation 

extends will be as short as possible. For the purpose of determining compliance, permit limitations will in 

general not exceed one month and shall not exceed an annual limit with a rolling monthly average or sum. 

 d. An owner or operator of stationary sources that desire or are required to conduct 

performance tests to verify emissions limitations shall ensure that source tests are conducted in 

accordance with the provisions of S.C. Regulation 61-62.1, Section IV, Source Tests. 

 e. An hourly emission limit shall be sufficient only if the permit condition(s) 

require the installation, calibration, maintenance, and operation of a continuous emission monitor (CEM) 

system, or any other monitoring approved by the Department. All monitoring data shall be defined and 

recorded for showing compliance with the emission limit(s). 

 f. The limitations and requirements listed in the permit conditions shall be 

permanent, quantifiable, or otherwise enforceable as a practical matter. 

K. Exceptions 

 1. Upon request, the Department may alter operating permits, compliance schedules, or other 

restrictions on operation of a source provided that resulting ambient air concentration levels will not 

exceed any national or State ambient air quality standard. Factors to be considered by the Department

may include, but are not limited to, technology, economics, national energy policy, and existing air 

quality. The request by the source must also show the following: 

 a. Good faith efforts have been made to comply with the State requirements; 

 b. The source is unable to comply with the State requirements because the 

necessary technology or other alternative methods of control are not reasonably available, or have not

been available for a sufficient period of time; 
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 c. Any available operating procedures, or control measures, reducing the impact of 

the source on ambient air concentrations, have been implemented; and, 

 d. The request is submitted in a timely manner. 

 2. The provisions of this paragraph shall not apply to mass emission limits which are 

imposed upon any source by the following requirements: 

 a. Federal New Source Performance Standards; 

 b. National Emission Standards for Hazardous Air Pollutants; 

 c. Federal or State Prevention of Significant Deterioration Regulations; or, 

 d. Non-attainment requirements. 

 3. Where a permanent increase in the visible emission limitation for a source is requested, 

the source must demonstrate that it will remain in compliance with the applicable particulate emission

standard. 

 4. Any alternative compliance schedule shall provide for compliance with the applicable 

regulations as expeditiously as practicable, based on a plan submitted with the request for the alternative 

compliance schedule. 

 5. Any request under this section will be subjected to public notice and opportunity for a 

public hearing. Upon approval by the Board, the recommendations of this Department shall be sent to the 

Administrator of the Environmental Protection Agency, or his designated representative, for approval or 

disapproval. 

 6. Where alternative compliance schedule provisions are contained elsewhere in the air 

pollution control regulations, those provisions shall supersede the requirements in this section. 

L. Emergency Provisions 

 1. An "emergency" means any situation arising from sudden and reasonably unforeseeable 

events beyond the control of the source, including acts of God, in which a situation requires immediate 

corrective action to restore normal operation, and that causes the source to exceed a technology-based

emission limitation under the permit, due to unavoidable increases in emissions attributable to the 

emergency. An emergency shall not include noncompliance to the extent caused by improperly designed 

equipment, lack of preventative maintenance, careless or improper operation, or operator error. 

 2. An emergency constitutes an affirmative defense to an action brought for noncompliance 

with such technology-based emission limitations if the conditions in S.C. Regulation 61-62.1, Section II 

(L)(3) are met. 

 3. The affirmative defense of an emergency shall be demonstrated through properly signed, 

contemporaneous operating logs, and other relevant evidence that verify: 

 a. An emergency occurred, and the permittee can identify the cause(s) of the 

emergency; 
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 b. The permitted source was at the time the emergency occurred being properly 

operated; 

 c. During the period of the emergency, the permittee took all reasonable steps to 

minimize levels of emissions that exceeded the emission standards, or other requirements in the permit; 

and 

 d. The permittee gave a verbal notification of the emergency to the Department 

within 24 hours of the time when emission limitations were exceeded, followed by a written report within 

thirty (30) days. The written report shall include as a minimum, the information required by S.C. 

Regulation 61-62.1, Section II (J)(1)(c)(i) through (viii). The written report shall contain a description of 

the emergency, any steps taken to mitigate emissions, and corrective actions taken. 

 4. In any enforcement action, the permittee seeking to establish the occurrence of an 

emergency has the burden of proof. 

 5. This provision is in addition to any emergency, or upset provision contained in any 

applicable requirement. 

M. Transfer of Ownership/Operation 

 Within thirty (30) days of the transfer of ownership/operation of a facility, the current permit 

holder and prospective new owner/operator shall submit to the Department a written request for transfer 

of the source operating or construction permits. The written request for transfer of the source operating or 

construction permit shall include any changes pertaining to the company name and mailing address; the 

facility name and mailing address (if different from that of the company); the name, mailing address, and 

telephone number of the owner or agent for the company; and any proposed changes to the permitted 

activities of the source. Transfer of the operating or construction permits will be effective upon written 

approval by the Department. 

N. Public Participation Procedures 

 1. When determined to be appropriate by the Department (or specified by regulation) notice 

of permitting activity shall be provided to the public and other entities for their review and comment. 

Public notice shall be given by publication in a newspaper of general circulation in the area where the 

source is located, or by publication in the South Carolina State Register, and to persons on a mailing list 

developed by the Department, including those who request in writing to be on the list. The Department

may use other means of public notice in addition to the above. 

 2. The notice shall identify the affected source; the name and address of the permittee; the 

name and address of the Department; the activities involved in the permit action; the emission change 

involved in any permit modification; the name, address, and telephone number of a person from whom 

interested persons may obtain additional information, including copies of the permit draft, the application, 

and all other materials available to the Department that are relevant to the permit decision, except for 

information entitled to confidential treatment (the contents of any proposed or draft permit shall not be 

treated as confidential information); a brief description of the comment procedures; and the time and 

place of any public hearing that may be held, including a statement of procedures to request a hearing

(unless a hearing has already been scheduled). 

 3. The Department shall provide at least 30 days for public and EPA comment and shall 

give notice of any public hearing at least 30 days in advance of the hearing. The Department shall keep a 
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record of the commenters and also of the issues raised during the public participation process. The 

Department shall consider, and provide a written response to all written comments received by mail and

at the public hearing, within the time specified for the public notice, in making a final decision on the 

application. 

 4. A newly constructed or modified source issued a Federally enforceable final construction 

permit will not require an additional public comment period and/or hearing to obtain an operating permit, 

unless the source proposes a change in the original construction and/or operational plan, prior to 

commencing construction, which the Department determines would require an additional public comment 

period and/or hearing. 

 5. Any proposed new or modified stationary source required to undergo a public comment 

period shall not commence any construction until all public participation procedures of this section are 

completed, and the source has received an effective construction permit from the Department. 

 6. Maintenance activities, repairs, and replacements which the Department determines to be 

routine for that source category shall not, by themselves, be required to undergo the public participation 

procedures of S.C. Regulation 61-62.1, Section II (N). 

O. Inspection and Entry

 Upon presentation of credentials and other documents as may be required by law, the permittee 

shall allow the Department or an authorized representative to perform the following: 

 1. Enter the facility where emissions-related activity is conducted, or where records must be 

kept under the conditions of the permit. 

 2. Have access to and copy, at reasonable times, any records that must be kept under the 

conditions of the permit. 

 3. Inspect any facilities, equipment (including monitoring and air pollution control 

equipment), practices, or operations regulated or required 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 parameters for the purpose of assuring compliance with the 

permit or applicable requirements. 

SECTION III - EMISSIONS INVENTORY 

A. General 

Emissions inventory is a study or compilation of pollutant emissions. The purposes of emissions 

inventories are to locate air pollution sources, to define the type and size of sources, to define the type and 

amount of emissions from each source, to determine pollutant frequency and duration, to determine the 

relative contributions to air pollution from classes of sources and of individual sources, to provide a basis 

for air permit fees, and to determine the adequacy of regulations and standards. 

 The requirements of this Section notwithstanding, an emissions inventory may be required from 

any source at any time. 

B. Applicability 
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 The provisions of this Section shall apply to all stationary sources: 

 1. that include any point source defined as a major source according to 40 CFR Part 70; or, 

 2. that are located in a non-attainment area that exceed the specified thresholds. 

 

C. Emissions Inventory Reporting Requirements 

 1. Beginning with the effective date of this regulation, these sources will submit an 

emissions inventory in a frequency specified by Table 1 by March 31st for the previous calendar year. 

 a. Type A Sources - Title V sources with potential annual emissions greater than or 

equal to any of the emission thresholds listed for Type A Sources in Table 1 of this Section. Beginning 

with the effective date of this regulation, these sources will submit an emissions inventory by March 31 of 

every year for the previous calendar year. Beginning on March 31, 2012 (with 2011 calendar year data) 

these sources will submit TAP and HAP data with their annual emissions inventory every third year for 

the previous calendar year.

 b. Type B Sources - Title V sources with potential annual emissions during any 

year of the three year cycle greater than or equal to any of the emission thresholds listed for Type B

Sources in Table 1 of this Section. Beginning on March, 31 2012 (with calendar year 2011 data), these 

sources will submit emissions inventories every 3 years for the previous calendar year. 

 c. NAA Sources - Sources located in a non-attainment area with actual annual 

emissions during any year of the three year cycle greater than or equal to any of the emission thresholds 

listed for NAA Sources in Table 1 of this Section. Beginning on March 31, 2012 (with calendar year 2011 

data), these sources that are not also Type A Sources will submit emissions inventories every 3 years for 

the previous calendar year. 

Table 1 - Minimum Point Source Reporting Thresholds by Pollutant (tpy potential to emit1

) 

Annual cycle 

 Three-year cycle 

Pollutant Type A Sources2 Type B Sources2

 NAA3 Sources 

SOx ≥2500 ≥100 ≥100 

≥100 (moderate O3 NAA ) 

≥50 (serious O3 NAA) 

≥25 (severe O3 NAA) VOC ≥250 ≥100 

≥10 (extreme O3 NAA) 

NOX ≥2500 ≥100 ≥100 (all O3 NAA) 

CO ≥100 (all O3 NAA) ≥2500 ≥1000 

≥100 (all CO NAA) 

Pb ≥5 ≥5 
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PM10 ≥100 (moderate PM10 NAA) ≥250 ≥100 

≥70 (serious PM10 NAA) 

PM2.5 ≥250 ≥100 ≥100 

NH3 ≥250 ≥100 ≥100 

≥10 Single HAP HAP4

 

≥25 Combined HAPs 

1

 tons per year (tpy) potential to emit means the maximum capacity of a stationary source to emit any air 

pollutant under its physical and operational design. Any physical or operational limitation on the 

capacity of a source to emit an air pollutant, including air pollution control equipment and restrictions on 

hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated 

as part of its design if the limitation is enforceable by the Federal Administrator and included in the 

sources permit prior to the end of the reporting year. 

2

 Type A Sources are a subset of the Type B Sources and are the larger emitting sources by pollutant. 

3

 NAA = Non-Attainment Area. Special point source reporting thresholds apply for certain pollutants by 

type of non-attainment area. The pollutants by non-attainment area are: 

 Ozone: VOC, NOX, CO; 

 Carbon Monoxide: CO; 

 Particulate matter less than 10 microns: PM10. 

4

 Hazardous Air Pollutant. 

 2. Other Requirements 

 a. Unless otherwise indicated, all emissions inventories shall be submitted to the 

Department by March 31 following the year of inventory. All applicable information will be recorded on

the current format for reporting emissions data as provided by the Department. 

 b. All newly permitted and constructed Title V sources and/or NAA Sources will 

complete and submit to the Department initial emissions inventories including the partial year when 

operation first began and the first full calendar year of operation. These sources shall then submit future 

emissions inventories on the schedule as described in Table 1 of this Section. 

 c. Any existing sources that are newly identified as Title V sources and/or NAA 

Sources will complete and submit to the Department an emissions inventory for the previous calendar 

year within 90 days of learning of applicability. These sources shall then submit future emissions 

inventories on the schedule as described in Table 1 of this Section. 

 d. Submittal of emissions inventories outside of the schedules in this Section will be 

accepted and reviewed only if a modification has occurred that required issuance of an air quality permit 

since the last emissions inventory submittal by the source. This modification must alter the quantity or 

character of the sources emissions. These sources may submit a new emissions inventory following the 

first full calendar year of operation after the modification. These sources shall then submit future 

emissions inventories on the schedule described in Table 1 of this Section. 

 e. Information required in an emissions inventory submittal to the Department will 

include the following: 

 i. Information on fuel burning equipment; 

 ii. Types and quantities of fuel used; 

 iii. Fuel analysis; 

 iv. Exhaust parameters; 
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 v. Control equipment information; 

 vi. Raw process materials and quantities used; 

 vii. Design, normal, and actual process rates; 

 viii. Hours of operation; 

 ix. Significant emission generating points or processes as discussed on the 

current form for reporting emissions data as provided by the Department; 

 x. Any desired information listed in 40 CFR 51, Subpart A (December 17, 

2008) that is requested by the Department. 

 xi. Emissions data from all regulated pollutants. Beginning on March 1, 

2012 (with 2011 calendar year data) sources will submit TAP and HAP data with their annual emissions 

inventory every third year for the previous calendar year. 

 xii. Any additional information reasonably related to determining if 

emissions from an air source are causing standards of air quality to be exceeded. 

 f. A source may submit a written request to the Department for approval of an 

alternate method for estimating emissions outside of those methods prescribed by the Department. Such 

requests will be reviewed by the Department's emissions inventory staff on a case-by-case basis to 

determine if the alternate method better characterizes actual emissions for the reporting period than the 

Department's prescribed methods. 

 g. Emission estimates from insignificant activities listed on a source’s permit shall 

be required only in the initial emissions inventory submitted by the source. If emissions from these 

insignificant activities have not been included in a past emissions inventory submitted to the Department, 

the source shall include these emissions in their next required emissions inventory submittal. 

 h. Copies of all records and reports relating to emissions inventories as required in 

this Section shall be retained by the owner/operator at the source for a minimum of five years. 

SECTION IV - SOURCE TESTS. 

 

A. Applicability. 

 1. This Section shall apply to the owner or operator of any source which conducts: 

 a. a source test required under an applicable standard or permit condition; or 

pursuant to a judicial or administrative order, consent agreement, or any other such binding requirement 

entered into after the effective date of this standard, or 

 b. any other source test from which data will be submitted to the Department for 

any purpose including but not limited to: determination of applicability of regulatory requirements, 

development of emission factors, establishment of parameters for compliance assurance monitoring, 

continuous emission monitor performance specification testing, and Relative Accuracy Test Audits 

(RATA). 

 2. The Department may, on a case-by-case basis, exempt from the requirements of this 

Section source tests which are performed for development of emission factors or for determination of 

applicability of regulations. 

B. Submission and Approval of a Site-Specific Test Plan. 
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 1. Prior to conducting a source test subject to this Section, the owner or operator shall 

ensure that: 

 a. a written site-specific test plan including all of the information required in 

paragraph C below has been developed and submitted to the Department. If the Department has 

previously approved a site-specific test plan the owner or operator may submit a letter which references 

the approved plan and which includes a thorough description of amendments to the plan; and 

 b. written Department approval of the site-specific test plan, methods, and 

procedures has been received. 

 2. All test methods included in the site-specific test plan must be either EPA Reference 

Methods described in 40 CFR Part 51, Appendix M, or 40 CFR Part 60, Appendix A, or 40 CFR Part 61, 

Appendix B, or 40 CFR Part 63, Appendix A. If an applicable air regulation or permit provides for a 

choice of test methods, the selected method must be approved by the Department. If an applicable air 

regulation or permit does not specify use of an EPA standard reference method, the alternative test 

method to be used must be approved by the Department. 

 3. a. The owner or operator of a source proposing to use alternative source test 

methods shall ensure that the alternative source test method is either validated according to EPA 

Reference Method 301 (40 CFR Part 63, Appendix A, December 29, 1992), and any subsequent 

amendments or editions, or approved by the Department. 

 b. The owner or operator shall ensure that requests for approval of alternative 

source test methods are submitted to the Department along with the site-specific test plan, and that the 

submission contains all of the information required by paragraph C below. 

 4. The Department shall determine whether any source test method proposed in the sitespecific test plan is appropriate for use. 

 5. a. The owner or operator shall submit site-specific test plans or a letter which 

amends a previously approved test plan at least 45 days prior to the proposed test date. Sources 

conducting tests for substances listed in Regulation 61-62.5, Standard No. 8, shall submit site-specific test 

plans or a letter which amends a previously approved test plan at least 60 days prior to the proposed test 

date. 

 b. If the only amendments to a previously approved test plan are to facility 

information included in paragraph C.1 below, the requirement in B.5.a will not apply. The owner or 

operator, however, shall submit the amendments at least two weeks prior to the proposed test date. 

 6. Within 30 days of site-specific test plan receipt, the Department will notify the owner or 

operator of site-specific test plan approval or denial or will request additional information. 

 7. The owner or operator shall submit any additional information requested by the 

Department necessary to facilitate the review of the site-specific test plan. 

 8. Approval of a site-specific test plan for which an owner or operator fails to submit any 

additional requested information will be denied. 

 9. Neither the submission of a site-specific test plan, nor the Department’s approval or 

disapproval of a plan, nor the Department’s failure to approve or disapprove a plan in a timely manner
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shall relieve an owner or operator of legal responsibility to comply with any applicable provisions of this 

Section or with any other applicable Federal, State, or local requirement, or prevent the Department from 

enforcing this Section. 

C. Requirements for a Site-Specific Test Plan. 

 A site-specific test plan shall include, at a minimum, the following: 

 1. Facility Information: 

 a. Facility name, address, and telephone number, and name of facility contact. 

 b. Facility permit number and source identification number. 

 c. Name, address, and telephone number of the company contracted to perform the 

source test. 

 d. Name, address, and telephone number of the laboratory contracted to perform the 

analytical analysis of the source test samples. 

 2. Test Objectives: 

 a. Description and overall purpose of the tests (for example, to demonstrate 

compliance, to establish emission factors, etc.). 

 b. Citation of any applicable State or Federal regulation or permit condition 

requiring the tests. 

 3. Process Descriptions: 

 a. Description of the process including a description of each phase of batch or 

cyclic processes, and the time required to complete each phase. 

 b. Process design rates and normal operating rates. 

 c. Proposed operating rate and conditions for the source test. 

 d. Methods including proposed calculations, equations, and other related 

information that will be used to demonstrate and verify the operating rate during the source test. 

 e. Description of any air pollution control equipment. 

 f. Description of any stack gas or opacity monitoring systems. 

 g. Description of all air pollution control monitors (for example, pressure gauges, 

flow indicators, cleaning cycle timers, electrostatic precipitator voltage meters, etc.) when applicable. 

 h. A list of process and air pollution control operating parameters that will be 

recorded during the tests, the responsible party who will record these readings, and the frequency at which 

readings will be recorded. 
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 4. Safety Considerations: 

 a. Identification of any risks associated with sampling location and accessibility, 

toxic releases, electrical hazards, or any other unsafe conditions, and a plan of action to correct or abate 

these hazards. 

 b. List of all necessary or required safety equipment including respirators, safety 

glasses, hard hats, safety shoes, hearing protection, and other protective equipment. 

 5. Sampling and Analytical Procedures: 

 a. Description of sampling methods to be used. 

 b. Description of analytical methods to be used. 

 c. Number of tests to be conducted. 

 d. Number of runs comprising a test. 

 e. Duration of each test run. 

 f. Description of minimum sampling volumes for each test run. 

 g. Location where samples will be recovered. 

 h. Explanation of how blank and recovery check results and analytical non-detects 

will be used in final emission calculations. 

 i. Maximum amount of time a sample will be held after collection prior to analysis. 

 j. Method of storing and transporting samples. 

 6. Sampling Locations and Documentation: 

 a. Schematics of sampling sites (include stack dimensions and distances upstream 

and downstream from disturbances). 

 b. A description of all emission points, including fugitive emissions, associated with 

the process to be tested, and when applicable, the method that will be used to measure or include these 

emissions during the source test. 

 c. Procedure for verifying absence of cyclonic or non-parallel stack gas flow. 

 7. Internal Quality Assurance/Quality Control (QA/QC) Measures. For each proposed test 

method when applicable: 

 a. Citation of the QA/QC procedures specified in the EPA Reference Methods and 

the EPA Quality Assurance Handbook for Air Pollution Measurement Systems, Volume III. 

 b. Chain-of-custody procedures and copies of chain-of-custody forms. 
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 c. Procedure for conditioning particulate matter filters (before and after source 

testing). 

 d. Procedure for conducting leak checks on vacuum lines, pitot tubes, flexible bags, 

orsats, etc. 

 e. Equipment calibration frequencies, ranges, and acceptable limits. 

 f. Minimum detection limits of analytical instrumentation. 

 g. Names, addresses and responsible persons of all sub-contracting laboratories and 

a description of analytical methods to be used, chain-of-custody procedures and QA/QC measures. 

 h. QA/QC measures associated with the collection and analysis of process or raw 

material samples and the frequency at which these samples will be collected. 

 i. Methods for interference and matrix effects checks, and number of replicate 

analyses. 

 j. Methods and concentrations for internal standards (standards additions prior to 

extraction). 

 k. Methods and concentrations for surrogate standards (standards additions to 

collection media prior to sampling). 

 l. Methods for recovery checks, field blanks, lab blanks, reagent blanks, proof rinse 

blanks, and analytical blanks. 

 m. Proposed range of recoveries for data acceptability and method of data 

interpretation if sample recovery is not within the proposed range. 

 8. Final Test Report Content: 

 a. Final report outline. 

 b. Example calculations when using alternative test methods or for calculation of 

process operating rates. 

 c. Proposed report submission date if more than 30 days after the source test will be 

needed to complete the report. 

D. Notification and Conduct of Source Tests. 

 1. Prior to conducting a source test subject to this Section, the owner or operator shall 

ensure that written notification is submitted to the Department at least two weeks prior to the test date. 

Submission of a site-specific test plan or amendments to a previously approved test plan does not 

constitute notification. 

 2. In the event the owner or operator is unable to conduct the source test on the date 

specified in the notification, the owner or operator shall notify the Department as soon as practical by 

telephone and follow up in writing within 30 days. Telephone notification shall include a description of 
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the circumstance(s) causing the cancellation of the test, and a projected retest date. The written follow-up 

report shall include a description of the condition(s) which prevented the source test from being 

conducted, and when applicable, what corrective action was performed, or what equipment repairs were 

required. 

 3. Rescheduling of canceled source tests must meet the two-week notice requirement. 

However, shorter notification periods may be allowed subject to Department approval. 

 4. All tests shall be made by, or under the direction of, a person qualified by training and/or 

experience in the field of air pollution testing. 

 5. Unless approved otherwise by the Department, the owner or operator shall ensure that 

source tests are conducted while the source is operating at the maximum expected production rate or other 

production rate or operating parameter which would result in the highest emissions for the pollutants 

being tested. Examples of the operating parameters that may effect emission rates are: type and 

composition of raw materials and fuels, isolation of control equipment modules, product types and 

dimensions, thermal oxidizer combustion temperature, atypical control equipment settings, etc. Some 

sources may have to spike fuels or raw materials to avoid being permitted at a more restrictive feed or 

process rate. Any source test performed at a production rate less than the rated capacity may result in 

permit limits on emission rates, including limits on production if necessary. 

 6. When conducting a source test subject to this Section, the owner or operator of a source 

shall provide the following: 

 a. Department access to the facility to observe source tests. 

 b. Sampling ports adequate for test methods. 

 c. Safe sampling site(s). 

 d. Safe access to sampling site(s). 

 e. Utilities for sampling and testing equipment. 

 f. Equipment and supplies necessary for safe testing of a source. 

E. Source Test Method Audit Program. 

 1. The Department may request that samples collected during any source tests be split with 

the Department for analysis by an independent or Department laboratory. Any request for split samples 

will be made in advance of the source test. 

 2. The owner or operator shall analyze performance audit samples provided by the 

Department. If the Department does not provide performance audit samples to the owner or operator, the

Department thereby waives the requirement to conduct a performance audit. 

 3. A waiver of performance audit requirements to conduct a performance audit for a 

particular source test under E.2 above does not constitute a waiver of performance audit requirements for 

future source tests. 
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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 this Section shall submit a written report of 

the final source test results to the Department by the close of business on the 30th day following the

completion of the test, unless an alternative date has been requested in and approved with the site-specific 

test plan prior to testing or is otherwise specified in a relevant Federal or State standard. 

 2. The final test report for each site-specific test plan shall contain, at a minimum, the 

following supporting information when applicable: 

 a. Summary of the results. 

 b. Emission calculations and emission rates in units of the applicable standard, 

permit limit, etc. 

 c. Allowable emission rates in units of the applicable standard, permit limit, etc. 

 d. Source compliance status. 

 e. Process operating rates. 

 f. Methods including actual calculations, equations, and other related information 

that were used to demonstrate and verify the operating rate during the source test. 

 g. Chain of custody records. 

 h. Certification of all reference standards used.

 i. Signature of a responsible facility representative who can verify process 

operating rates and parameters. 

 j. Legible copies of all raw laboratory data (for example, filter tare and final 

weights, titrations, chromatograms, spectrograms, analyzer measurements, etc.). 

 k. Legible copies of all raw field data (for example, strip charts, field data forms, 

field calibration forms, etc.). 

 l. Legible copies of applicable stack gas or opacity monitoring system readings 

identified in the approved site-specific test plan.

 m. Legible copies of all applicable process and air pollution control operating 

parameter readings identified in the approved site-specific test plan. 

 n. Results of all calibrations and QA/QC measures and checks identified in the 

approved site-specific test plan. 

 o. Results of performance audits pursuant to paragraph E. 
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July 18, 2011 

 p. Description of any deviations from the proposed process operations as approved 

in the site-specific test plan during testing. 

 q. Description of any deviations from approved sampling methods/procedures. 

 r. Description of any deviations from approved analytical procedures. 

 s. Description of any problems encountered during sampling and analysis, and 

explanation of how each was resolved. 

 

G. Non-Compliant Results. 

 Within fifteen days of submission of a test report indicating non-compliance, the owner or 

operator shall submit to the Department a written plan which includes at a minimum: 

 

 1. interim actions being taken to minimize emissions pending demonstration of compliance; 

 2. corrective actions that have been taken or that are proposed to return the source to 

compliance; 

 3. method that will be used to demonstrate the source has returned to compliance (for 

example, retest and proposed date); 

 4. any changes necessary to update the site-specific test plan prior to a retest. 

H. Analytical Observation. Upon request by the Department, the owner or operator or the source test 

consultant shall ensure that Department representatives are provided access to the analytical laboratory 

for observation of instrument calibrations and analysis of field and audit samples. 

I. Site Inspection. Upon request by the Department and prior to approval of the site-specific test 

plan, the owner or operator shall ensure Department representatives are provided access to the site for 

inspection of the source(s) to be tested. 

J. Modifications. Modifications to the approved site-specific test plan must have prior Department 

approval. Approval shall be considered on a case-by-case basis. Failure to obtain prior Department 

approval may cause final test results to be unacceptable. 

SECTION V - CREDIBLE EVIDENCE 

A. The Department promulgated Regulation 61-62, Air Pollution Control Regulations and Standards, 

and developed the South Carolina Air Quality Implementation Plan to provide enforceable emission 

limitations, to establish an adequate enforcement program, to require owners or operators of stationary 

sources to monitor emissions, submit periodic reports of such emissions and maintain records as specified 

by various regulations and permits, and to evaluate reports and records for consistency with the applicable 

emission limitation or standard on a continuing basis over time. The monitoring data collected and records 

of operations would serve as the basis for a source to certify compliance, and could be used by the 

Department as direct evidence of an enforceable violation of the underlying emission limitation or standard. 

B. The purpose of this section is: 
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General Amendments to R. 61-62 

July 18, 2011 

 1. To clarify the statutory authority of Regulation 61-62, Air Pollution Control Regulations 

and Standards, and the South Carolina Air Quality Implementation Plan, whereby non-reference test data 

and various kinds of information already available and utilized for other purposes may be used to 

demonstrate compliance or noncompliance with emission standards. 

 2. To eliminate any potential ambiguity regarding language that has been interpreted to 

provide for exclusive reliance on reference test methods as the means of certifying compliance with various 

emission limits. 

 3. To curtail language that limits the types of testing or monitoring data that may be used for 

determining compliance and for establishing violations. 

C. The following is applicable in the determination of non-compliance by the Department or for 

compliance certification by the owners or operators of stationary sources. 

 1. Enforcement - Consistent with South Carolina’s Environmental Audit Privilege and 

Voluntary Disclosure Act, codified as S.C. Code Ann. Sections 48-57-10 et seq. (Supp. 2000), and 

notwithstanding any other provision in the South Carolina Air Quality Implementation Plan, any credible 

evidence or information relevant to whether a source would have been in compliance with applicable 

requirements if the appropriate performance or compliance test had been performed, can be used to 

establish whether or not a person has violated or is in violation of any standard in the plan. 

 2. Compliance Certifications - Consistent with South Carolina’s Environmental Audit 

Privilege and Voluntary Disclosure Act, codified as S.C. Code Ann. Sections 48-57-10 et seq. (Supp. 

2000), and notwithstanding any other provision in the South Carolina Air Quality Implementation Plan, 

the owner or operator may use any credible evidence or information relevant to whether a source would 

have been in compliance with applicable requirements if the appropriate performance or compliance test

had been performed, for the purpose of submitting compliance certifications. 

R. 61-62.1 History - South Carolina State Register: 

Vol. 7, Issue No. 2, (Doc. No. ?), February 25, 1983; 

 Vol. 7, Issue No. 6, (Doc. No. 314), June 24, 1983; 

 Vol. 9, Issue No. 5, (Doc. No. 457), May 24, 1985; 

 Vol. 10, Issue No. 5, (Doc. No. ?), May 23, 1986; 

 Vol. 12, Issue No. 2, (Doc. No. 769), February 26, 1988; 

 Vol. 12, Issue No. 4, (Doc. No. 970), April 22, 1988; 

 Vol. 13, Issue No. 2, (Doc. No. 868), February 24, 1989; 

 Vol. 13, Issue No. 3, (Doc. No. 1053), March 24, 1989; 

 Vol. 14, Issue No. 6, (Doc. No. 1067), June 22, 1990; 

 Vol. 14, Issue No. 9, (Doc. No. 1267), August 24, 1990; 

 Vol. 14, Issue No. 9, (Doc. No. 1310), August 24, 1990; 

 Vol. 16, Issue No. 6, (Doc. No. 1507), June 26, 1992; 

 Vol. 19, Issue No. 6, (Doc. No. 1798), June 23, 1995; 

 Vol. 20, Issue No. 1, (Doc. No. 1913), January 26, 1996; 

 Vol. 22, Issue No. 6, (Doc. No. 2244), June 26, 1998; 

 Vol. 22, Issue No. 8, (Doc. No. 2328), August 28, 1998; 

 Vol. 23, Issue No. 6, (Doc. No. 2352), June 25, 1999; 

 Vol. 24, Issue No. 5, (Doc. No. 2444), May 26, 2000; 

 Vol. 25, Issue No. 7, (Doc. No. 2622), July 27, 2001; 

 Vol. 25, Issue No. 10, (Doc. No. 2648), October 26, 2001; 
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, 2003; 

 Vol. 29, Issue No. 2, (Doc. No. 2840), February 25, 2005; 

 Vol. 29, Issue No. 6, (Doc. No. 2943), June 24, 2005; 

 Vol. 29, Issue No. 8, (Doc. No. 2980), August 26, 2005; 

 Vol. 31, Issue No. 5, (Doc. No. 3069), May 25, 2007; 

 Vol. 32, Issue No. 10, (Doc. No. 3224), October 24, 2008; 

 Vol. 34, Issue No. 5, (Doc. No. 4085), May 28, 2010; 

 Vol. 34, Issue No. 11, (Doc. No. 4131), November 26, 2010; 

 Vol. 35, Issue No. 5, (Doc. No. 4130), May 27, 2011. 
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. 61-62.3 
Revisions 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 stage 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 such levels are sustained or exceeded, lead to substantial 

threat to the health of persons. The appropriate episode stage will be declared on a regional basis, as 

dictated by air quality monitoring. Adverse air quality need not be regionwide to trigger control actions; 

the appropriate episode stage will be declared for an entire Air Quality Control Region when any 

monitoring site within the region records ambient air quality in excess of that designated in the criteria. In 

making this determination, the Commissioner will be guided by the criteria listed below: 

 1. FORECAST - This level will normally be activated when an Air Stagnation Advisory (ASA) is 

issued for any part of South Carolina by the Columbia Forecast Office of the National Weather Service. If 

continuous air monitoring equipment indicates an upward 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 an ASA, the Commissioner may, at his discretion, declare 

this level when it is in the best interest of public health and welfare. 

 2. WATCH - This level will be activated when continuous air quality monitoring indicates that one of 

the following pollutant concentrations has been reached: 

 PM10 - 350 μg/m3

, 24-hour average; 

 SO2 - 400 μg/m3

 (0.15 p.p.m.), 24-hour average; or 

 O3 (Ozone) - 400 μg/m3

 (0.2 p.p.m.), 1-hour average; 

and meteorological conditions are such that the pollutant concentrations can be expected to remain at the 

above levels for twelve (12) hours or more, or increase, or in the case of ozone, the situation is likely to 

recur within the next 24 hours unless control actions are taken. 

 3. ALERT - This level indicates that air quality is continuing to deteriorate and that additional control 

actions are necessary. An alert will be declared when monitoring indicates that one of the following 

pollutant concentrations has been reached: 

 PM10 - 420 μg/m3

, 24-hour average; 

 SO2 - 800 μg/m3

 (0.3 p.p.m.), 24-hour average; or 

 O3 (Ozone) - 800 μg/m3

 (0.4 p.p.m.), 1-hour average; 
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July 18, 2011 

and meteorological conditions are such that pollutant concentrations can be expected to remain at the 

above levels for twelve (12) hours or more, or increase, or in the case of ozone, the situation is likely to 

recur within the next 24 hours unless control actions 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 indicates that one of the following pollutant concentrations 

has been reached: 

 PM10 - 500 μg/m3

, 24-hour average; 

 SO2 - 1600 μg/m3

 (0.6 p.p.m.), 24-hour average; or 

 O3 (Ozone) - 1000 μg/m3

 (0.5 p.p.m.), 1-hour average; 

and meteorological conditions are such that this condition can be expected to continue for twelve (12) or 

more, or increase, or in the case of ozone, the situation 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 longer 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 nonattainment area, are required to submit written plans for 

meeting the required reductions of pollutants for which the county is in nonattainment. These plans must 

identify the air pollutant source, the approximate amount of reduction of pollutants and a brief description 

of the manner in which the reduction will be achieved during each level. Sources of particulate matter and 

sulfur dioxide have been subject to this requirement 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 voluntary 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 noon and 4 p.m. 

 4. Persons operating motor vehicles should eliminate all unnecessary operations. 
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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 plants. 

 2. Coal or oil-fired process steam generating plants. 

 3. Industrial Sources of the following classifications: 

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 will apply: 

 1. There shall 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 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 12 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 elimination of unnecessary operation. 

PART B. - SOURCE CURTAILMENT

 Any person responsible for the operation of a source of air pollutants listed below shall take all 

required control actions for this Alert Level to include the following: 

 1. Coal or oil-fired electric power generating plants: 

 a. Maximum reduction by utilization of fuels having lowest ash and sulfur content. 
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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 plants: 

 a. Maximum reduction by utilization of fuels having 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 taken if an emergency develops. 

 3. Industrial sources including petroleum refining, chemical, primary metals, glass, paper and allied

products which require considerable lead time for shut-down: 

 a. Maximum reduction of air contaminants from manufacturing operations by, if necessary, 

assuming reasonable economic hardships by postponing production and allied operations. 

 b. Maximum reduction by deferring trade waste disposal operations which emit solid particles, 

gases, vapors or any malodorous substances. 

 c. Maximum reduction of heat load demands for processing. 

 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, chemical, mineral processing, grain, surface coating,

bulk gasoline terminals, petroleum storage plants, degreasing operations, printing and tire manufacturing 

which require relatively short lead times for shut-down: 

 a. Elimination of air pollutants from manufacturing operations by ceasing, curtailing, postponing 

or deferring production and allied operations to the 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 processing. 

 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 products transfer. 

TABLE 3 - EMISSION REDUCTION PLANS EMERGENCY LEVEL

PART A. GENERAL
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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 of 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 proceed 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., places 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 merchandise 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 government 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, joint meetings and other public bodies to be vital for public 

safety and welfare and the enforcement of the provisions of this order. 

 f. All retail trade establishments except pharmacies, surgical supply distributors, and stores 

primarily engaged in the sale of food. 

 g. Banks, credit agencies other than banks, securities and commodities brokers, dealers, 

exchangers and services; offices of insurance carriers; agents and brokers, real estate offices. 

 h. Wholesale and retail laundries, laundry services and cleaning and dyeing establishments; 

photographic studios; beauty shops, barber shops, shoe repair shops. 

 i. Advertising offices; consumer credit reporting, adjustment and collection agencies; duplicating, 

addressing, blueprinting; photocopying, mailing, mailing list and stenographic services; equipment rental 

services, commercial testing laboratories. 

 j. Automobile repair, automobile services, garages, gasoline stations. 

 k. Establishments rendering amusement and recreational services including motion picture 

theaters. 

 l. Elementary and secondary schools, colleges, universities, professional schools, junior colleges, 

vocational schools, and public and private libraries. 

 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, curtailing, 
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General Amendments to R. 61-62 

June 15, 2011 

or postponing operations which emit air pollutants to the extent possible without causing injury to persons 

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 source of air pollutants listed below shall take all 

required control actions for this Emergency Level to include the following: 

 1. Coal or oil-fired electric power generating plants: 

 a. Maximum reduction by utilization of fuels having 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 plants: 

 a. Maximum reduction by reducing heat and steam demands 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 plan. 

 3. Primary metals, petroleum refining, chemical, mineral processing, grain, paper and allied products

industries shall take the following control actions: 

 a. Elimination of air pollutants from manufacturing operations by ceasing, curtailing, postponing 

or deferring production and operations to the 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 reduction of heat load demands for processing. 

 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, 1988; 

 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, 2011. 
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 1 
Revisions 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 exceeded for more than six (6) minutes in a one hour period 

nor be exceeded for more than a total of twenty-four (24) minutes in a twenty-four (24) hour period. 

Emissions caused by soot blowing shall not exceed sixty (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 may 

be exceeded for soot blowing, but may not be exceeded for more than six (6) minutes in a one hour period 

nor be exceeded for more than a total of twenty-four (24) minutes in a twenty-four (24) hour period. 

Emissions caused by soot blowing shall not exceed sixty (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, maintain 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 operator of fuel burning sources except natural gas fired 

units, shall maintain a log of the time, magnitude, duration 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 Method 9 (40 CFR 60, Appendix A, as revised July 1, 

1986). Alternate methods may be utilized only if approved in advance by the Department and by the 

Environmental Protection Agency. 

SECTION II - PARTICULATE MATTER EMISSIONS

A. Allowable Discharge 
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June 15, 2011 

 The allowable discharge of particulate matter resulting from fuel burning operations shall be 

limited to the values obtained by use of Figure 1 and/or Part B. (For the purpose of determining heat 

input, total equipment capacity refers to total equipment capacity discharging through each stack. If a 

boiler has more than one (1) stack the total rated capacity will be the boiler rated capacity discharging to 

these stacks). Interpolation of Figure 1 for fuel burning operations of 1300 million BTU per hour heat

input and larger shall be accomplished by use of the 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 per million BTU input. 

SECTION III - SULFUR DIOXIDE EMISSIONS

A. General 
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General Amendments to R. 61-62 

June 15, 2011 

 The maximum allowable discharge of sulfur dioxide (SO2) from fuel burning operations shall be 

in accordance with a system of priorities as specified hereinafter in paragraph B. The classifications shall 

be delineated on a county basis. The maximum allowable 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 those 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, measured air 

quality; (5) topographical features of the county; (6) contributions to background levels due to sources 

outside the county being considered; (7) population density. 

 2. The assigned classifications will be reviewed periodically at intervals not to exceed three years, 

and changes will be made as required. When a county is assigned to a more restrictive class, individual 

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 SO2/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 SO2/million BTU input) 

 Up to 1000 million BTU/hr 3.5 
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June 15, 2011 

 1000 million BTU/hr and larger 2.3 

 3. Counties in Class III 

Rated Source Size Maximum Allowable Emissions 

(lb SO2/million BTU input) 

 All 3.5 

D. Special Provisions 

 If it can be demonstrated to the satisfaction of the Board that ambient air standards will not be 

contravened by a source, alone or in combination with other sources, a greater allowance for sulfur 

dioxide discharges may be made on a case-by-case basis. 

SECTION IV - OPACITY MONITORING REQUIREMENTS

A. Applicable Sources 

 1. Fossil Fuel Fired Boilers 

 The owner or operator of any fossil fuel-fired steam 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 except 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 or 

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 for calendar year 1974 or otherwise adequately 

demonstrated to the Department; and has not subsequently 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 maintain continuous monitoring system(s) approved by this 

Department for the measurement of opacity, if it meets one or more of the following criteria: 

 a. Any woodwaste boiler of at least 100 x 106

 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 regulations and standards. 

 If a boiler is fired on more than one fuel, the total capacity will determine the applicability of 

above requirements. 
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June 15, 2011 

B. Continuous Opacity Monitor Reporting Requirements 

 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 following 

the end of each calendar quarter. 

 The report shall include the following minimum information: 

 a. All integrated six minute opacity measurements for periods during which the 

applicable provisions of Section I have been exceeded, together with their nature and cause. 

 b. For periods of monitoring system malfunction: 

 (i) The date and time identifying each period during 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 performance may be required by the 

Department whenever repairs or adjustments have been made. 

 c. Boiler system repairs or adjustments made to correct 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 allowed if the owner or operator shows, to the 

satisfaction of the Department, that these procedures 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 generated by the continuous opacity monitoring 

system(s), for a minimum of two years from the date of submission of such reports or collection of such 

data. The information contained on file must be made 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 system(s) malfunction, provided the owner or operator 

shows, to the satisfaction of the Department, that the malfunction was unavoidable and is being repaired 

as expeditiously as possible. 

D. Equipment Performance Specifications 

 The continuous opacity monitoring system(s) required by Paragraph A.1. of this Section (for 

fossil fuel fired steam generators) shall conform with the performance specifications set forth in 40 CFR, 
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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 where 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 successive 10-second period; be installed such that 

representative measurements of opacity from the affected steam generator are obtained; and have an 

instrument span of approximately 80 percent opacity. 

 The owner or operator shall record the zero and span drift in accordance with method prescribed 

by the manufacturer of such opacity monitoring system(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 such recommendations shall be followed; adjust the zero 

and span whenever the 24-hour zero drift or 24-hour calibration drift limits of 40 CFR, Part 60, Appendix 

B, Performance Specification 1 as revised July 1, 1986 are exceeded; adjust the opacity monitoring 

system(s) purchased prior to September 11, 1974, whenever the 24-hour zero drift or 24-hour calibration 

drift exceeds 4 percent opacity for those generators constructed prior to February 11, 1971 and 2 percent 

opacity for those generators constructed after February 11, 1971. 

 The monitoring systems must be approved by this agency 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 affected steam generators are not of similar design and 

operating characteristics, or when the effluent from one affected steam generator is released to the 

atmosphere through more than one point, the owner or operator shall apply for an alternate procedure to 

comply with the requirements of this Section. 

F. Exemptions from Monitoring Requirements 

 Whenever the requirements for continuous opacity monitoring 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 not 

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 requirements are necessary; 

 2. A proposal of the alternate monitoring and reporting 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 this Section. 

SECTION V - EXEMPTIONS

 The following sources shall be exempt from the provisions of this standard: 

A. Residences of four families or less. 
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June 15, 2011 

B. Ocean-going vessels actually engaged in the physical process of national or international trade or 

defense. 

SECTION VI - PERIODIC TESTING

 An owner or operator of any source listed below shall ensure that scheduled periodic tests for

particulate matter emissions are conducted every two years or as required by permit conditions and are

performed in accordance with the provisions of R.61-62.1, Section IV, Source Tests. An owner or 

operator shall demonstrate compliance with sulfur dioxide emissions by source testing, continuous 

monitoring, or fuel analysis as required by permit conditions. 

A. Oil-fired boilers greater than 250 x 106

 BTU/hr. rated input. 

B. Coal-fired boilers greater than 50 x 106

 BTU/hr. rated input. 

C. Woodwaste, or combination woodwaste boilers greater than 20 x106

 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, 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, 1988; 

 Vol. 22, Issue No. 6, (Doc. No. 2244), June 26, 1998; 

 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 96 

General Amendments to R. 61-62 

June 15, 2011 

Clean Copy, R. 61-62.5, Standard 2 
Revisions 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 quality standards for the State of South Carolina. 

The analytical methods to be used will be those applicable 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 bicarbonate-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 

 

PM10 24 hours 

 annual 

 150 (3)

 50 (3)

 

PM2.5 (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 suspended particulate matter 

(2) At 250

 C and 760 mm Hg. 
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June 15, 2011 

(3) Attainment determinations will be made based on the 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 for that standard – will remain in place for 

implementation purposes as EPA undertakes rulemaking to address transition from the 1997 ozone 

standard to the 2008 ozone standard. 

(6) Detailed explanation of the rolling 3-month average 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, 1988; 

 Vol. 13, Issue No. 2, (Doc. No. 868), February 24, 1989; 

 Vol. 28, Issue No. 9, (Doc. No. 2912), September 24, 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, 2011. 
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General Amendments to R. 61-62 

June 15, 2011 

Clean Copy, R. 61-62.5, Standard 4 
Revisions 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 for determining compliance with opacity limitations 

under this Standard is EPA Reference Method 9 (40 CFR 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 requirements imposed by Federal New Source Performance 

Standards, National Emission Standards for Hazardous Air Pollutants, Federal or State Prevention of 

Significant Deterioration Regulations, nor special permit conditions, unless this Standard would impose a 

more restrictive emission limit. 

SECTION II - SULFURIC ACID MANUFACTURING

A. The rate of emission of sulfur dioxide from sulfuric acid manufacturing shall be limited to no more

than 4 pounds of sulfur dioxide per ton of 100% sulfuric acid produced and emissions of acid mist to 0.5 

pounds of sulfuric acid per ton of 100% acid produced. 

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 manufacturing 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 - Reserved 
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SECTION V - COTTON GINS

A. Definitions 

 1. 1D-3D cyclone – Any cyclone-type collector of the 1D-3D configuration. This 

designation refers to the ratio of the cylinder to cone length, where D is the diameter of the cylinder 

portion. A 1D-3D cyclone has a cylinder length of 1xD and a cone length of 3xD. 

 2. 2D-2D cyclone – Any cyclone-type collector of the 2D-2D configuration. This 

designation refers to the ratio of the cylinder to cone length, where D is the diameter of the cylinder 

portion. A 2D-2D cyclone has a cylinder length of 2xD and a cone length of 2xD. 

 3. Bale – A compressed package of cotton lint weighing 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 packaging 

the lint into bales. 

 6. Ginning season – The period of time during which the gin is in operation; usually 

between (but not limited to) September of the current year and January of the following year. 

 7. High pressure exhausts – The exhaust air systems at a cotton gin preceding the gin stand 

(including unloading, drying, extracting, cleaning, and overflow handling systems) in which material is 

conveyed by a higher pressure air and is typically controlled by cyclones. 

 8. Low pressure exhausts – The exhausts air systems at a cotton gin following the gin stand 

(including lint cotton cleaning and battery formation process) in which material is conveyed by low 

pressure air and is typically controlled by condensers. 

 9. Removal efficiency – Percent of total particulate matter removed from the gas stream 

between a cyclone’s inlet and outlet. 

B. Applicability 

 1. This rule applies to all existing, new, and modified cotton ginning operations in South 

Carolina. These facilities will be subject to registration permit conditions as specified in SC Regulation 

61-62.1 Section II(I). 

 2. Existing facilities with a maximum gin stand rated 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 promulgation 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 exhausts if 

emissions from these exhausts are controlled by fine mesh screens. 

C. Emission Control Requirements 
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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 of the 

promulgation date of this rule. Until such time that a registration permit is issued by the Department, 

existing cotton ginning operations should operate with existing permits. 

 2. Each cotton ginning operation shall install and operate a particulate emission control 

system on all high and low pressure exhausts and lint cleaning system exhausts that includes one or more 

1D-3D or 2D-2D cyclones meeting the cylinder diameter 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 Agricultural 

Handbook Number 503, Cotton Ginners Handbook, dated December 1994. Exiting facilities shall comply 

with these control equipment requirements by August 31, 2012. 

 3. Air pollutant emissions shall not exceed 20 percent opacity. 

 4. Stacks shall not be equipped with raincaps or other devices that deflect the emissions 

downward or outward. 

 5. Trash stacker areas shall contain one of the following: 

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 cyclone. 

 6. The owner or operator shall ensure that all trucks transporting gin trash material are 

covered and that the trucks are cleaned of over-spill material before trucks leave the trash hopper dump 

area. 

 7. Reasonable precautions should be taken when operating or maintaining storage piles, 

materials, equipment, or vehicles in order to prevent any substance from being scattered by the wind or 

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 operation 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 ginning operation; 

 3. A description of the alternative control measure; and 

 4. A demonstration that the alternative control measure 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 
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General Amendments to R. 61-62 

June 15, 2011 

 1. To ensure that the minimum required removal efficiency is maintained, the owner or 

operator shall establish, based on manufacturers recommendations or industry standards, an inspection 

and maintenance schedule for the control devices, other emission processing equipment, and monitoring 

devices that are used pursuant to this rule. The inspection and maintenance schedule shall be followed

throughout the ginning season. The results of the inspections and any maintenance performed on the 

control equipment, emission processing equipment, or 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 using a manometer, a Magnahelic® gauge, or other 

device that the Department has approved as being equivalent 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 this regulation, the owner or operator shall initiate

corrective action. Corrective action shall be recorded in the logbook. If corrective action will take more 

than 48 hours to complete, the owner or operator shall notify the Department no later than the end of the 

day such static pressure is measured. 

 3. During the ginning season, the owner or operator shall weekly inspect for structural 

integrity of the control devices and other emissions processing systems and shall ensure that the control 

devices and emission processing systems conform to normal and proper operation of the gin. Fine mesh 

screens should be inspected daily throughout the ginning 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 this 

rule. 

 4. If control devices are repaired or replaced with equivalent control equipment, the facility 

must maintain on-site documentation showing compliance 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 51 

 
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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 with a fugitive dust and/or fugitive emissions control

system which shall be operated and maintained in such 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 building and/or operations building (including 

but not limited to pollution control systems, louvers, 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 in 

Table A (modified using the effect factors (F) of Table B as required). 

B. Interpolation of the data in this table for process weights up to 30 tons per hour shall be accomplished 

by use of the equation: 

E = (F) 4.10 P0.67 

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 P0.11 - 40) 

 Where: E = the allowable emission rate in pounds per 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 19.2 
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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 element 

 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. 
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June 15, 2011 

SECTION IX - VISIBLE EMISSIONS (WHERE NOT SPECIFIED ELSEWHERE)

A. Where construction or modification began on or before December 31, 1985, emissions (including 

fugitive emissions) shall not exhibit an opacity greater than 40%. 

B. Where construction or modification began after December 31, 1985, emissions (including fugitive 

emissions) shall not exhibit an opacity greater than 20%. 

SECTION X - NON-ENCLOSED OPERATIONS

A. All non-enclosed operations shall be conducted in such a manner that a minimum of particulate matter 

becomes airborne. In no case shall established ambient air quality standards be exceeded at or beyond the 

property line. 

B. The owner or operator of all such operations shall maintain dust control of the premises and any 

roadway owned or controlled by the owner or operator by paving, or other suitable measures. Oil 

treatment is prohibited. 

C. All crushing, drying, classification and like operations shall employ a suitable control device 

acceptable to the Department, and shall discharge no more particulate matter than that specified in Section 

VIII of this Standard. 

SECTION XI - TOTAL REDUCED SULFUR EMISSIONS OF KRAFT PULP MILLS

A. Applicability and Designation of Affected Sources 

 1. The provisions of this subpart are applicable to the following affected sources in kraft pulp 

mills which commenced construction prior to September 24, 1976: digester system, brown stock washer 

system, multiple-effect evaporator system, black liquor 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 existing kraft pulp mills shall be limited to the 

following: 

Maximum allowable emission of TRS as H2S by 

dry volume, averaged over 12 hours 

Recovery Furnace 

 Cross Recovery furnaces 

 Old Design Furnaces1

 New Design Furnaces2

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 ppm 
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June 15, 2011 

Maximum allowable emission of TRS as H2S 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 BLS3

 1 old design furnaces are defined as furnaces without welded wall or membrane wall construction 

or emission-control designed air systems. 

 2 New design furnaces are defined as furnaces with either welded wall or membrane wall 

construction and also with emission-control designed 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 reduced sulfur compounds regulated by this 

standard can demonstrate that compliance with applicable portions of Part B would not be economically 

feasible, the Department may, on a case-by-case basis, allow emission limitations less stringent than those 

required by applicable parts of Part B. 

 All data pertinent to the showing of economic infeasibility 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 effective until submitted to and approved by the 

Administrator of the United States Environmental Protection 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 monitoring 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 from any lime kiln, recovery furnace, digester system, 

multiple- effect evaporator system, or condensate stripper system, except where these gases are subjected 

to a minimum temperature of 12000

 F for at least 0.5 seconds in an incinerator or other device which does 

not generate TRS. The location of each monitoring system must be approved by this Department. 

 b. install, calibrate, maintain, and operate a monitoring 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-effect evaporator system, or condensate stripper system 

unless TRS monitors are required in paragraph a. The monitoring device is to be certified by the 

manufacturer to be accurate within +1 percent of the temperature being measured. 
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 c. calibrate, maintain and operate continuous monitoring equipment for any smelt 

dissolving tank, 

 (i) for the continuous measurement of the pressure 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 scrubbing liquid supply pressure to the 

control equipment. The monitoring device is to be certified by the manufacturer to be accurate within +

15 percent of design scrubbing liquid supply pressure. The pressure sensor or tap is to be located close to 

the scrubber liquid discharge point. The Department may be consulted for approval of alternative 

locations; 

 Continuously monitored operating and/or stack parameters may be used as substitutes for TRS 

monitors provided that it is demonstrated to the satisfaction of this Department that a correlation exists 

between the monitored parameter and TRS concentration 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 average total reduced sulfur concentrations provided by 

each continuous monitoring system installed under paragraph 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 the recovery furnace and lime kiln. These 12-hour 

averages shall correspond to the 12-hour average TRS concentrations under paragraph D.2.a. and shall be 

determined as an arithmetic mean of the appropriate 12 contiguous 1-hour average oxygen concentrations

provided by each continuous monitoring system installed 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: 

 Ccorr = Cuncorr x (21-X/21-Y) 

 where: Ccorr = the concentration corrected for oxygen. 

 Cuncorr = the concentration uncorrected for oxygen. 

 X = the volumetric oxygen concentration percentage 

to be corrected to (8 percent for recovery furnaces and 10 percent for lime kilns, incinerators, or other 

devices). 

 Y = the measured 12-hour average 

volumetric oxygen concentration. 

 3. Each owner or operator required to install a continuous monitoring system shall submit a 

written report of excess emissions (as defined in applicable subparts) to the Department for every 

calendar quarter unless specified on a more frequent cycle by the Department. All quarterly reports shall 
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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 following 

information: 

 a. for emissions from any recovery furnace, periods of excess emissions are all 12-hour 

average TRS concentrations above 20 ppm by volume for old design recovery furnaces, 5 ppm by volume 

for new design recovery furnaces and above 25 ppm by volume for cross recovery furnaces; 

 b. for emissions from any lime kiln, periods of excess emissions are all 12-hour average 

TRS concentrations above 20 ppm by volume; 

 c. for emissions from any digester system, multiple-effect evaporator system, or 

condensate stripper system periods of excess emissions 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 their duration during which the 

combustion temperature is less than 12000

 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 recovery furnaces is greater than 1% of the 

total number of contiguous 12 hour periods in a quarter (excluding periods of startup, shutdown, or 

malfunction and periods when the recovery furnace is not operating). 

 b. the number of 12 hour exceedances from lime kilns 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 operating). 

 c. the number of 12 hour exceedances from incinerators is greater than 2% of the total 

number of contiguous periods in a quarter (excluding periods of startup, shutdown, or malfunction and 

periods when the incinerator is not operating). 

 d. the Department determines that the affected equipment, including air pollution control 

equipment, is not maintained and operated in a manner which is consistent with good air pollution control 

practice for minimizing emissions during periods of excess emissions. 

SECTION XII - PERIODIC TESTING

A. Particulate Matter Emissions and/or Sulfur Dioxide (SO2) 

 An owner or operator of a source listed below shall perform scheduled periodic tests for 

particulate matter emissions and/or sulfur dioxide every two years except as noted, or on a schedule as 

stipulated by special permit conditions, and shall ensure that source tests are conducted in accordance 

with R.61-62.1, Section IV, Source Tests. 

 1. Recovery furnaces and lime kilns of pulp and paper mills. Smelt tank vents will be required to 

be tested every four years. 
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 2. Rotary kilns, clinker coolers, and rotary dryers 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 baghouse 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 compliance source testing. “Surface mix” is hot laid 

asphaltic concrete surface courses (except sand asphalt surface mix) as defined in Section 403 of the 1986 

edition of the South Carolina State Highway Department’s “Standard Specifications for Highway 

Construction” manual. The Department may, at its discretion, 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 schedule as stipulated by special permit conditions and

shall ensure that source tests are conducted in accordance with R.61-62.1, Section IV, Source Tests unless 

they are subject to TRS continuous monitoring equipment 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, 1983; 

 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, 1988; 

 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, 2007; 

 Vol. 35, Issue No. 5, (Doc. No. 4130), May 27, 2011. 
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Clean Copy, R. 61-62.5, Standard 6 
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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, 1988; 

 Vol. 25, Issue No. 10, (Doc. No. 2648), October 26, 2001; 

 Vol. 35, Issue No. 5, (Doc No. 4130), May 27, 2011. 
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Clean Copy, R. 61-62.5, Standard 7 
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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 source 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 of any existing major stationary source, except as this 

section otherwise provides. 

 (iii) No new major stationary source or major modification to which the requirements of 

paragraphs (j) through (r)(5) apply shall begin actual 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 applied 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 modification 

for a regulated New Source Review (NSR) pollutant if it causes two types of emissions increases – a 

significant emissions increase (as defined in paragraph (b)(50)), and a significant net emissions increase 

(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 causes a significant emissions increase, then the project is a 

major modification only if it also results in a significant net emissions increase. 

 (b) The procedure for calculating (before beginning 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 (a)(2)(iv)(c) through (f). The procedure for 

calculating (before beginning actual construction) whether a significant net emissions increase will occur 

at the major stationary source (i.e., the second step of the process) is contained in the definition in 

paragraph (b)(34). Regardless of any such preconstruction 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 projects that only involve 

existing emissions units. A significant emissions increase of a regulated NSR pollutant is projected to 

occur if the sum of the difference between the projected actual emissions (as defined in paragraph (b)(41)) 
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and the baseline actual emissions (as defined in paragraphs (b)(4)(i) and (ii)), for each existing emissions 

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 involve construction of a 

new emissions unit(s). A significant emissions increase of a regulated NSR pollutant is projected to 

occur if the sum of the difference between the potential to emit (as defined in paragraph (b)(37)) from 

each new emissions unit following completion of the project and the baseline actual emissions (as defined 

in paragraph (b) (4)(iii)) of these units before the 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 types of emissions units. A 

significant emissions increase of a regulated NSR pollutant 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) and (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 Plantwide Applicability Limitation (PAL) for a 

regulated NSR pollutant, the major stationary source shall comply with the requirements under paragraph 

(aa). 

(b) Definitions. 

 For the purposes of this regulation: 

 (1)(i) “Actual emissions” means the actual rate of emissions of a regulated NSR pollutant from 

an emissions unit, as determined in accordance with paragraphs (b)(1)(ii) through (iv), except that this 

definitions shall not apply for calculating whether a significant emissions increase has occurred, or for 

establishing a PAL under paragraph (aa). Instead, paragraphs (b)(41) and (b)(4) shall apply for those 

purposes. 

 (ii) 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 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 emissions shall be calculated using the unit's actual 

operating hours, production rates, and types of materials processed, stored, or combusted during the 

selected time period. 

 (iii) The Department may presume that source-specific allowable emissions for 

the unit are equivalent to the actual emissions of the unit. 

 (iv) For any emissions unit that has not begun normal 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 the 

management, protection, preservation or enjoyment of the visitor's visual experience of the Federal Class 

I area. This determination must be made on a case-by-case basis taking into account the geographic 

extent, intensity, duration, frequency and time of visibility impairment, and how these factors correlate 
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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 calculated using the 

maximum rated capacity of the source (unless the source is subject to federally enforceable limits which 

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 CFR 60 and 61; 

 (ii) The applicable State Implementation Plan emissions 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 paragraphs (b)(4)(i) through (iv). 

 (i) For any existing electric utility steam generating 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 or 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 determination that it is more representative of normal source operation. 

 (a) The average rate shall include fugitive emissions 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 enforceable 

during the consecutive 24-month period. 

 (c) For a regulated NSR pollutant, when a project involves multiple emissions units, only 

one consecutive 24-month period must be used to determine the baseline actual emissions for the 

emissions units being changed. A different consecutive 24-month period can be used for each regulated 

NSR pollutant. 

 (d) The average rate shall not be based on any consecutive 24-month period for which 

there is inadequate information for determining annual 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 an electric utility steam generating unit), baseline

actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the 

pollutant during any consecutive 24-month period selected by the owner or operator within the 10-year 

period immediately preceding either the date the owner 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 the 10-

year period shall not include any period earlier than 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 emissions to the extent quantifiable, and 

emissions associated with startups and shutdowns. 
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 (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 comply 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 promulgated 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 the requirements of 40 CFR 51.165(a)(3)(ii)(G). 

 (d) For a regulated NSR pollutant, when a project involves multiple emissions units, only 

one consecutive 24-month period must be used to determine the baseline actual emissions for all the 

emissions units being changed. A different consecutive 24-month period can be used for each regulated 

NSR pollutant. 

 (e) The average rate shall not be based on any consecutive 24-month period for which 

there is inadequate information for determining annual 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 actual emissions for purposes of determining the 

emissions increase that will result from the initial construction and operation of such unit shall equal zero; 

and thereafter, for all other purposes, shall equal the unit's potential to emit. 

 (iv) For a PAL for a stationary source, the baseline actual emissions shall be calculated 

for existing electric utility steam generating units in accordance with the procedures contained in 

paragraph (b)(4)(i), for other existing emissions units 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 baseline date would construct or would have an air 

quality impact equal to or greater than 1 μg/m3

 (annual average) of the pollutant for which the minor 

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 constructed in the same state as the 

state proposing the redesignation. 

 (iii) Any baseline area established originally for the TSP increments shall remain in effect 

and shall apply for purposes of determining the amount of available PM10 increments, except that such 

baseline area shall not remain in effect if the Department rescinds the corresponding minor source 

baseline date in accordance with paragraph (b)(31)(iv). 
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 (6)(i) “Baseline concentration” means that ambient concentration level that exists in the baseline 

area at the time of the applicable minor source baseline date. A baseline concentration is determined for 

each pollutant for which a minor source baseline date is established and shall include: 

 (a) The actual emissions, as defined in paragraph (b)(1), representative of sources 

in existence on the applicable minor source baseline 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 baseline 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 major source baseline date; and 

 (b) Actual emissions increases and decreases, as defined in paragraph (b)(1), at 

any stationary source occurring after the minor source baseline date. 

 (7)“Begin actual construction” means, in general, initiation of physical on-site construction 

activities on an emissions unit which are of a permanent nature. Such activities include, but are not 

limited to, installation of building supports and foundations, laying underground pipework and 

construction of permanent storage structures. With respect to a change in method of operations, this term 

refers to those on-site activities other than preparatory 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 reduction 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 account 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 treatment 

or innovative fuel combustion techniques for control of such pollutant. In no event shall application of 

best available control technology result in emissions of any pollutant which would exceed the emissions 

allowed by any applicable standard under 40 CFR 60 and 61. If the Department determines that 

technological or economic limitations on the application of measurement methodology to a particular 

emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work 

practice, operational standard, or combination thereof, may be prescribed instead to satisfy the 

requirement for the application of best available control technology. Such standard 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 achieve equivalent results. 

 (9) “Building, structure, facility, or installation” means all of the pollutant-emitting activities 

which belong to the same industrial grouping, are located on one or more contiguous or adjacent 

properties, and are under the control of the same person (or persons under common control) except the 

activities of any vessel. Pollutant-emitting activities shall be considered as part of the same industrial 

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). 
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 (10) “Clean coal technology” means any technology, including technologies applied at the 

precombustion, combustion, or post combustion stage, at a new or existing facility which will achieve 

significant reductions in air emissions of sulfur dioxide or oxides of nitrogen associated with the 

utilization of coal in the generation of electricity, 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 clean coal technology, or similar projects funded 

through appropriations for the Environmental Protection 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 source 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 program of actual on-site construction of the 

source, to be completed within a reasonable time; or 

 (ii) Entered into binding agreements or contractual obligations, which cannot be 

cancelled or modified without substantial loss to the owner or operator, to undertake a program of actual 

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 of operation (including 

fabrication, erection, installation, demolition, or modification of an emissions unit) that would result 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 availability requirements of this regulation, to sample, 

condition (if applicable), analyze, and provide a record 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 per 

unit of time). 

 (18) “Continuous parameter monitoring system (CPMS)” means all of the equipment necessary to 

meet the data acquisition and availability requirements of this regulation, to monitor process and control 

device operational parameters (for example, control device secondary voltages and electric currents) and 

other information (for example, gas flow rate, O2 or CO2 concentrations), and to record average 

operational parameter value(s) on a continuous basis. 

 (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 power distribution system for sale. Any steam supplied 

to a steam distribution system for the purpose of providing steam to a steam-electric generator that would 

produce electrical energy for sale is also considered in determining the electrical energy output capacity 

of the affected facility. 
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 (20) “Emissions unit” means any part of a stationary source that emits or would have the 

potential to emit any regulated NSR pollutant and includes an electric utility steam generating unit as 

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 that is (or will be) newly constructed and 

that has existed for less than 2 years from the date 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 defined in paragraph (b)(45), is an existing emissions unit. 

 (21) “Federal Land Manager” means, with respect to any lands in the United States, the 

Secretary of the department with authority over such lands. 

 (22) “Federally enforceable” means all limitations and conditions which are enforceable by the 

Administrator, including those requirements developed pursuant to 40 CFR 60 and 61, requirements 

within any applicable State implementation plan, any permit requirements established pursuant to 40 CFR 

52.21 or under regulations approved pursuant to 40 CFR 51, subpart I, including operating permits issued 

under an 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 pass through a 

stack, chimney, vent, or other functionally equivalent 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 group of 

Indians subject to the jurisdiction of the United States and recognized by the United States as possessing 

power of self government. 

 (26) “Indian Reservation” means any federally recognized reservation established 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 system in current practice or of achieving at least 

comparable reductions at lower cost in terms of energy, 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 method of 

operation of a major stationary source that would result in: a significant emissions increase (as defined in 

paragraph (b)(50)) of a regulated NSR pollutant (as defined in paragraph (b)(44)); and a significant net 

emissions increase of that pollutant from the major stationary source. 
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 (ii) Any significant emissions increase (as defined in paragraph (b)(50)) from any 

emissions units or net emissions increase (as defined in paragraph (b)(34)) at a major stationary source 

that is significant for volatile organic compounds or oxides of nitrogen shall be considered significant for 

ozone. 

 (iii) A physical change or change in the method of operation shall not include: 

 (a) Routine maintenance, repair and replacement;

 (b) 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 curtailment plan pursuant to the Federal Power Act; 

 (c) Use of an alternative fuel by reason of an order or rule under section 125 of 

the Clean Air Act; 

 (d) Use of an alternative fuel at a steam generating unit to the extent that the fuel 

is generated from municipal solid waste; 

 (e) Use of an alternative fuel or raw material by a stationary source which: 

 (1) The source was capable of accommodating before January 6, 1975, 

unless such change would be prohibited under any federally enforceable permit condition which was 

established after January 6, 1975 pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 

CFR subpart I or 40 CFR 51.166; or 

 (2) The source is approved to use under any permit 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 enforceable permit condition which was established after 

January 6, 1975, pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR subpart I or 

40 CFR 51.166. 

 (g) Any change in ownership at a stationary source. 

 (h) [Reserved] 

 

 (i) The installation, operation, cessation, or removal 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 and 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 increase 

in the potential to emit of any regulated pollutant emitted by the unit. This exemption shall apply on a 

pollutant-by-pollutant basis. 
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 (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 paragraph (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 which 

a major stationary source or a major modification subject to 40 CFR 52.21 or to regulations approved 

pursuant to 40 CFR 51.166 submits a complete application 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 pollutant for which increments or other 

equivalent measures have been established if: 

 (a) The area in which the proposed source or modification would construct is 

designated as attainment or unclassifiable under section 107(d)(i)(D) or (E) of the Federal Clean Air Act 

for the pollutant on the date of its complete application under 40 CFR 52.21; and 

 (b) In the case of a major stationary source, the pollutant would be emitted in 

significant amounts, or, in the case of a major modification, there would be a significant net emissions 

increase of the pollutant. 

 (iv) Any minor source baseline date established originally for the TSP increments shall 

remain in effect and shall apply for purposes of determining the amount of available PM10 increments, 

except that the Department shall rescind a minor source 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, responsible for triggering that date did not result in a 

significant amount of PM10 emissions. 

 (32)(i) “Major stationary source” means: 

 (a) Any of the following stationary sources of air pollutants which emits, or has 

the potential to emit, 100 tons per year or more of any regulated NSR pollutant: Fossil fuel-fired steam 

electric plants of more than 250 million British thermal units per hour heat input, coal cleaning plants 

(with thermal dryers), kraft pulp mills, portland cement plants, primary zinc smelters, iron and steel mill 

plants, primary aluminum ore reduction plants, primary copper smelters, municipal incinerators capable

of charging more than 250 tons of refuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum 

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, 
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secondary metal production plants, chemical process plants (which does not include ethanol production 

facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140), 

fossil fuel boilers (or combinations thereof) totaling more than 250 million British thermal units per hour 

heat input, petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels, 

taconite ore processing plants, glass fiber processing plants, and charcoal production plants; 

 (b) Notwithstanding the stationary source size specified in paragraph (b)(32)(i), 

any stationary source which emits, or has the potential to emit, 250 tons per year or more of a regulated 

NSR pollutant; or 

 (c) Any physical change that would occur at a stationary source not otherwise 

qualifying under paragraph (b)(32), as a major stationary source, if the changes would constitute a major 

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 source shall not be included in determining for 

any of the purposes of this regulation whether it is a major stationary source, unless the source belongs to 

one of the following categories of stationary sources: 

 (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 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); 
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 (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 more 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 Clean 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 calculated 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 actual 

emissions for calculating increases and decreases under this paragraph (b)(34)(i)(b) shall be determined as 

provided in paragraph (b)(4), except that paragraphs (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 between: 

 (a) The date five years before construction on the particular change commences; 

and 
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 (b) The date that the increase from the particular change occurs. 

 (iii) An increase or decrease in actual emissions is creditable only if: 

 (a) The Department has not relied on it in issuing a permit for the source under 

this section, which permit is in effect when the increase in actual emissions from the particular change 

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 minor 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 significance 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 change at a source occurs when the 

emissions unit on which construction occurred becomes operational and begins to emit a particular 

pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable 

shakedown period, not to exceed 180 days. 

 (ix) Paragraph (b)(1)(ii) shall not apply for determining creditable increases and 

decreases. 

 (35) [Reserved]

 (36) [Reserved]

 (37) “Potential to emit” means the maximum capacity of a stationary source to emit a pollutant 

under its physical and operational design. Any physical or operational limitation on the capacity of the 

source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation 

or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design 
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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 stationary source. 

 (38) “Predictive emissions monitoring system (PEMS)” means all of the equipment necessary 

to monitor process and control device operational parameters (for example, control device secondary 

voltages and electric currents) and other information (for example, gas flow rate, O2 or CO2

concentrations), and calculate and record the mass emissions rate (for example, lb/hr) on a continuous

basis. 

 (39) “Prevention of Significant Deterioration (PSD) program” means the EPA-implemented 

major source preconstruction permit programs or a major 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 section. Any permit issued under such a program is a 

major NSR permit. 

 (40) “Project” means a physical change in, or change in the method of operation of, an existing 

major stationary source. 

 (41)(i) “Projected actual emissions” means the maximum annual rate, in tons per year, at which an 

existing emissions unit is projected to emit a regulated NSR pollutant in any one of the 5 years (12-month 

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 significant 

emissions increase or a significant net emissions increase at the major stationary source. 

 (ii) In determining the projected actual emissions under paragraph (b)(41)(i) (before beginning 

actual construction), the owner or operator of the major stationary source: 

 (a) Shall consider all relevant information, including 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 extent quantifiable and emissions 

associated with startups and shutdowns; and 

 (c) Shall exclude, in calculating any increase in emissions that results from the particular 

project, that portion of the unit's emissions following 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 paragraph (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 operation associated with the commencement of 

commercial operations by a coal-fired utility unit after a period of discontinued operation where the unit: 
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 (i) Has not been in operation for the two-year period 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 enactment; 

 (ii) Was equipped prior to shut-down with a continuous system of emissions control that 

achieves a removal efficiency for sulfur dioxide of no less than 85 percent and a removal efficiency for 

particulates of no less than 98 percent; 

 (iii) Is equipped with low-NOx burners prior to the time of commencement of operations 

following reactivation; and 

 (iv) Is otherwise in compliance with the requirements 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 following: 

 (i) Any pollutant for which a national ambient air quality standard has been promulgated 

and any constituents or precursors for such pollutants identified by the Administrator. Precursors 

identified by the Administrator for purposes of NSR are the following: 

 (a) Volatile organic compounds and nitrogen oxides are precursors to 

ozone in all attainment and unclassifiable areas. 

(b) Sulfur dioxide is a precursor to PM2.5 in all attainment and unclassifiable areas. 

(c) Nitrogen oxides are presumed to be precursors to PM2.5 in all attainment and unclassifiable 

areas, unless the State demonstrates to the Administrator’s satisfaction or the EPA demonstrates that 

emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area’s 

ambient PM2.5 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 compounds from sources in a specific area are a 

significant contributor to that area’s ambient PM2.5 concentrations. 

 (ii) Any pollutant that is subject to any standard promulgated under section 111 of the Clean Air 

Act; 

 (iii) Any Class I or II substance subject to a standard promulgated under or established by title VI

of the Clean Air Act; or 

 (iv) Any pollutant that otherwise is subject to regulation under the Clean Air Act; except that any 

or all hazardous air pollutants either listed in section 112 of the Clean Air Act or added to the list pursuant 

to section 112(b)(2) of the Clean Air Act, which have 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 general pollutant listed under section 108 of the Clean Air Act. 

 (v) Reserved 
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 (vi) Particulate matter (PM) emissions, PM2.5 emissions and PM10 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 established in the upcoming rulemaking codifying test

methods), such condensable particulate matter shall be accounted for in applicability determinations and 

in establishing emissions limitations for PM, PM2.5 and PM10 in PSD permits. Compliance with emissions 

limitations for PM, PM2.5 and PM10 issued prior to this date shall not be based on condensable particular 

matter unless required by the terms and conditions of the permit or the applicable implementation plan. 

Applicability determinations made prior to this date without accounting for condensable particular matter 

shall not be considered in violation of this section unless the applicable implementation plan required 

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 emission reductions shall be generated from shutting down the 

existing emissions unit that is replaced. 

 (i)The emissions unit is a reconstructed unit within 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 functionally equivalent to the replaced emissions 

unit. 

 (iii) The replacement does not alter the basic design parameters of the process unit. 

 (iv) The replaced emissions unit is permanently removed from the major stationary 

source, otherwise permanently disabled, or permanently barred from operation by a permit that is 

enforceable as a practical matter. If the replaced emissions unit is brought back into operation, it shall 

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 pressurized fluidized bed combustion, integrated 

gasification combined cycle, magnetohydrodynamics, direct and indirect coal-fired turbines, integrated

gasification fuel cells, or as determined by the Administrator, in consultation with the Secretary of 

Energy, a derivative of one or more of these technologies, and any other technology capable of 

controlling multiple combustion emissions simultaneously with improved boiler or generation efficiency

and with significantly greater waste reduction relative 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 January 1, 1991, by the Department of Energy. 

 (iii) The Department shall give expedited consideration to permit applications for any 

source that satisfies the requirements of this subsection and is granted an extension under section 409 of 

the Clean Air Act. 

 

 (47) Reserved 

 (48) “Secondary emissions” means emissions which would occur as a result of the 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. Secondary emissions include emissions from any offsite 
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support facility which would not be constructed or increase its emissions except as a result of the 

construction or operation of the major stationary source or major modification. Secondary emissions do

not include any emissions which come directly from a mobile source, such as emissions from the tailpipe 

of a motor vehicle, from a train, from a vessel; or from the following: 

 (i) Emissions from ships or trains coming to or from 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 construction 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 PM10 emissions 

 10 tpy of direct PM2.5 ; 

 40 tpy of sulfur dioxide emissions; 

 40 tpy of nitrogen oxide emissions unless demonstrated not to be a PM2.5 precursor under 

(b)44 of this section 

 Ozone: 40 tpy of volatile organic compounds or oxides of nitrogen 

 Lead: 0.6 tpy 

 Fluorides: 3 tpy 

 Sulfuric acid mist: 7 tpy 

 Hydrogen sulfide (H2S): 10 tpy 

 Total reduced sulfur (including H2S): 10 tpy 

 Reduced sulfur compounds (including H2S): 10 tpy 

 Municipal waste combustor organics (measured as total 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 particulate matter): 14 megagrams per year (15 

tons per year) 
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 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 (measured 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 paragraph (b)(49)(i), does not list, any emissions rate.

 (iii) Notwithstanding paragraph (b)(49)(i), significant means any emissions rate or any 

net emissions increase associated with a major stationary source or major modification, which would 

construct within 10 kilometers of a Class I area, and have an impact on such area equal to or greater than 

1 μg/m3

, (24-hour average). 

 (50) “Significant emissions increase” means, for a regulated NSR pollutant, an increase in 

emissions that is significant (as defined in paragraph (b)(49)) for that pollutant. 

 (51) “Stationary source” means any building, structure, facility, or installation which emits or 

may emit a regulated NSR pollutant. 

 (52) “Temporary clean coal technology demonstration project” means a clean coal 

technology demonstration project that is operated for a period of 5 years or less, and which complies with 

the State implementation plans for the State in which the project is located and other requirements 

necessary to attain and maintain the national ambient air quality standards during the project and after 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, increases in pollutant concentration over the baseline 

concentration shall be limited to the following: 

CLASS I 

Pollutant Maximum Allowable Increase 

(micrograms per cubic meter) 

PM10, annual arithmetic mean 4 Particulate matter: PM10, 24-hr maximum 8 

annual arithmetic mean 2 

Sulfur dioxide: 24-hr maximum 5 

3-hr maximum 25 

Nitrogen dioxide: annual arithmetic mean 2.5 

CLASS II 

Pollutant Maximum Allowable Increase 

(micrograms per cubic meter) 

Particulate matter: PM10, annual arithmetic mean 17 
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CLASS II 

Pollutant Maximum Allowable Increase 

(micrograms per cubic meter) 

 PM10, 24-hr maximum 30 

annual arithmetic mean 20 

Sulfur dioxide: 24-hr maximum 91 

3-hr maximum 512 

Nitrogen dioxide: annual arithmetic mean 25 

CLASS III 

Pollutant Maximum Allowable Increase 

(micrograms per cubic meter) 

PM10, annual arithmetic mean 34 Particulate matter: PM10, 24-hr maximum 60 

annual arithmetic mean 40 

Sulfur dioxide: 24-hr maximum 182 

3-hr maximum 700 

Nitrogen dioxide: annual arithmetic mean 50 

 For any period other than an annual period, the applicable 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 existence 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 size. 

 (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 provided in this section. 
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June 15, 2011 

 (4) The following areas may be redesignated only as 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 preserve, a national recreational area, a national wild and 

scenic river, a national wildlife refuge, a national 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 otherwise precluded by paragraph (e)) may be proposed by 

the respective States or Indian Governing Bodies, as 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 proposal 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 Federal Land Managers whose lands may 

be affected by the proposed redesignation were notified at least 30 days prior to the public hearing; 

 (iii) A discussion of the reasons for the proposed redesignation, including a satisfactory 

description and analysis of the health, environmental, economic, social and energy effects of the proposed 

redesignation, was prepared and made available for public inspection at least 30 days prior to the hearing 

and the notice announcing the hearing contained appropriate notification of the availability of such 

discussion; 

 (iv) Prior to the issuance of notice respecting the redesignation of an area that includes 

any Federal lands, the State has provided written notice 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 recommendations. In redesignating any area with 

respect to which any Federal Land Manager had submitted written comments and recommendations, the 

State shall have published a list of any inconsistency between such redesignation and such comments and 

recommendations (together with the reasons for making such redesignation against the recommendation 

of the Federal Land Manager); and 

 (v) The State has proposed the redesignation after consultation with the elected leadership 

of local and other substate general purpose governments 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); 
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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 leadership of the legislature, if it is not in session (unless 

State law provides that the redesignation must be specifically approved by State legislation) and if general 

purpose units of local government representing a majority of the residents of the area to be redesignated 

enact legislation or pass resolutions concurring in the redesignation: 

 (iii) The redesignation would not cause, or contribute 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 standard; and 

 (iv) Any permit application for any major stationary source or major modification, 

subject to review under paragraph (l), which could receive a permit under this section only if the area in 

question were redesignated as Class III, and any material submitted as part of that application, were 

available insofar as was practicable for public inspection prior to any public hearing on redesignation 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 procedures 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 consultation 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 opportunity for public hearing, that such redesignation does 

not meet the procedural requirements of this paragraph or is inconsistent with paragraph (e). If any such 

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 after 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 before then. 

(i) Exemptions
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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 modification before August 7, 1977. The 

regulations at 40 CFR 52.21 as in effect before August 7, 1977, shall govern the review and permitting of 

any such source or modification; or 

 (ii) The source or modification was subject to the 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 period of 18 months or more and 

completed construction within a reasonable time; or

 (iii) The source or modification was subject to 40 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, 1978, 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 52.21 as in effect prior to March 1, 1978; or 

 (iv) The source or modification was not subject to 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 Implementation Plan before March 1, 1978; 

 (b) Commenced construction before March 19, 1979; and 

 (c) Did not discontinue construction for a period 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 published on February 5, 1980 (45 FR 7800), and the owner 

or operator: 

 (a) Obtained all final Federal, state and local preconstruction approvals or 

permits necessary under the applicable State Implementation Plan before August 7, 1980; 

 (b) Commenced construction within 18 months from August 7, 1980, or any 

earlier time required under the applicable State Implementation Plan; and 

 (c) Did not discontinue construction for a period of 18 months or more and 

completed construction within a reasonable time; or

 (vi) The source or modification would be a nonprofit 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 requests that it be exempt from those requirements; or 
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June 15, 2011 

 (vii) The source or modification would be a major stationary source or major 

modification only if fugitive emissions, to the extent quantifiable, are considered in calculating the

potential to emit of the stationary source or modification and the source does not belong to any of the 

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 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 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; 
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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 more 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 the source and emissions of the 

source at the new location would be temporary; and 

 (b) The emissions from the source would not exceed its allowable emissions; and 

 (c) The emissions from the source would impact no Class I area and no area 

where an applicable increment is known to be violated; and 

 (d) Reasonable notice is given to the Department prior to the relocation 

identifying the proposed new location and the probable duration of operation at the new location. Such

notice shall be given to the Department not less than 10 days in advance of the proposed relocation unless 

a different time duration is previously approved by the Department. 

 (ix) The source or modification was not subject to section 52.21 with respect to 

particulate matter, as in effect before July 31, 1987, and the owner or operator: 

 (a) Obtained all final Federal, State, and local preconstruction approvals or 

permits necessary under the applicable State implementation plan before July 31, 1987; 

 (b) Commenced construction within 18 months after July 31, 1987, or any earlier 

time required under the State implementation plan; and 

 (c) Did not discontinue construction for a period of 18 months or more and 

completed construction within a reasonable period of 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 owner or operator submitted an application for a permit 

under this section before that date, and the Department subsequently determines that the application as 

submitted was complete with respect to the particulate matter requirements then in effect in this section. 

Instead, the requirements of paragraphs (j) through (r) that were in effect before July 31, 1987 shall apply 

to such source or modification. 
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 (2) The requirements of paragraphs (j) through (r) shall not apply to a major stationary source or 

major modification with respect to a particular pollutant if the owner or operator demonstrates that, as to 

that pollutant, the source or modification is located in an area designated as nonattainment under section 

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 pollutant, if the allowable emissions of that pollutant from 

the source, or the net emissions increase of that pollutant from the modification: 

 (i) Would impact no Class I area and no area where 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 major modification at a stationary source that was in 

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 particular pollutant if: 

 (i) The emissions increase of the pollutant from the new source or the net emissions 

increase of the pollutant from the modification would cause, in any area, air quality impacts less than the 

following amounts: 

 Carbon monoxide--575 μg/m3

, 8-hour average; 

 Nitrogen dioxide--14 μg/m3

, annual average; 

 Particulate matter--10 μg/m3

 of PM10, 24-hour average; 

 Sulfur dioxide--13 μg/m3

, 24-hour average; 

 Ozone;1

 

 Lead--0.1 μg/m3

, 3-month average; 

 Fluorides--0.25 μg/m3

, 24-hour average; 

 Total reduced sulfur--10 μg/m3

, 1-hour average; 

 Hydrogen sulfide--0.2 μg/m3

, 1-hour average; 

 Reduced sulfur compounds--10 μg/m3

, 1-hour average; or 

 

1

 No de minimis air quality level is provided for ozone. However, any net 

increase of 100 tons per year or more of volatile organic compounds or nitrogen oxides subject to PSD 

would be required to perform an ambient impact analysis including the gathering of ambient air quality

data. 

 (ii) The concentrations of the pollutant in the area that the source or modification would 

affect are less than the concentrations listed in paragraph (i)(5)(i), or the pollutant is not listed in 

paragraph (i)(5)(i). 

 (6) The requirements for best available control technology 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, 
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1980, and the Department subsequently determines that the application as submitted before that date was 

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 was 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 under this 

section on or before June 8, 1981, and the Department subsequently determines that the application as 

submitted before that date was complete with respect to the requirements of this regulation other than

those in paragraphs (m)(1)(ii) through (iv), and with respect to the requirements for such analyses at 40 

CFR 52.21(m)(2) as in effect on June 19, 1978. Instead, the latter requirements shall apply to any such 

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 that 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 under 

this section on or before June 8, 1981, and the Department subsequently determines that the application as 

submitted before that date was complete, except with respect to the requirements in paragraphs (m)(1)(ii) 

through (iv). 

 (8)(i) At the discretion of the Department, the requirements for air quality monitoring of PM10 in 

paragraphs (m)(1)(i)--(iv) may not apply to a particular source or modification when the owner or 

operator of the source or modification submits an application for a permit under this section on or before 

June 1, 1988 and the Department subsequently determines that the application as submitted before that 

date was complete, except with respect to the requirements for monitoring particulate matter in 

paragraphs (m)(1)(i) through (iv). 

 (ii) The requirements for air quality monitoring of PM10 in paragraphs (m)(1), (ii) and (iv) 

and (m)(3) shall apply to a particular source or modification if the owner or operator of the source or 

modification submits an application for a permit under this section after June 1, 1988 and no later than 

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 Department determines that a complete and adequate analysis

can 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 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 effect as part of the applicable implementation plan and

the Department subsequently determined that the application as submitted before that date was complete. 

 (10) The requirements in paragraph (k)(2) shall not apply to a stationary source or modification 

with respect to any maximum allowable increase for PM10 if 

 (i) 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 increases for PM10

took effect in an implementation plan to which this section applies, and 
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 (ii) the Department subsequently determined that the application as submitted before that 

date was otherwise complete. Instead, the requirements 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 modification 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 emit in significant amounts. 

 (3) A major modification shall apply best available control technology for each regulated NSR 

pollutant for which it would result in a significant net emissions increase at the source. This requirement 

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 method of operation in the unit. 

 (4) For phased construction projects, the determination of best available control technology shall 

be reviewed and modified as appropriate at the latest reasonable time which occurs no later than 18 

months prior to commencement of construction of each 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 control technology for the source. 

(k) Source impact analysis. 

 The owner or operator of the proposed source or modification shall demonstrate that allowable 

emission increases from the proposed source or modification, in conjunction with all other applicable 

emissions increases or reductions (including secondary emissions), would not cause or contribute to air 

pollution in violation of: 

 (1) Any national ambient air quality standard in any 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 required under this paragraph shall be based on 

applicable air quality models, data bases, and other 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 basis 

for a specific state program. Written approval of the Department must be obtained for any modification or 

substitution. In addition, use of a modified or substituted model must be subject to notice and opportunity 

for public comment under procedures developed in accordance with paragraph (q). 

(m) Air quality analysis-- 

 (1) Preapplication analysis. 
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 (i) Any application for a permit under this section shall contain an analysis of ambient air 

quality in the area that the major stationary source or major modification would affect for each of the 

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 which 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 air quality monitoring data as the Department determines 

is necessary to assess ambient air quality for that pollutant in any area that the emissions of that pollutant 

would affect. 

 (iii) With respect to any such pollutant (other than nonmethane hydrocarbons) for which 

such a standard does exist, the analysis shall contain continuous air quality monitoring data gathered for 

purposes of determining whether emissions of that pollutant would cause or contribute to a violation of 

the standard or any maximum allowable increase. 

 (iv) In general, the continuous air quality monitoring data that is required shall have been 

gathered over a period of at least one year and shall represent at least the year preceding receipt of the 

application, except that, if the Department determines that a complete and adequate analysis can be 

accomplished with monitoring data gathered over a period shorter than one year (but not to be less than 

four months), the data that is required shall have been gathered over at least that shorter period. 

 (v) For any application which becomes complete, except as to the requirements of 

paragraphs (m)(1)(iii) and (iv), between June 8, 1981, 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 been major for that pollutant under 

40 CFR 52.21 as in effect on June 19, 1978, any monitoring 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 period (not to be less than four months), the data that 

paragraph (m)(1)(iii), requires shall have been gathered over at least that shorter period. 

 (c) If the monitoring data would relate exclusively to ozone and would not have 

been required under 40 CFR 52.21 as in effect on June 19, 1978, the Department may waive the otherwise

applicable requirements of this paragraph (v) to the extent that the applicant shows that the monitoring 

data would be unrepresentative of air quality over a full year. 

 (vi) The owner or operator of a proposed stationary source or modification of volatile 

organic compounds who satisfies all conditions of 40 CFR 51 Appendix S, section IV may provide postapproval monitoring data for ozone in lieu of providing preconstruction data as required under paragraph 

(m)(1). 
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 (vii) For any application that becomes complete, except as to the requirements of 

paragraphs (m)(1)(iii) and (iv) pertaining to PM10, after December 1, 1988 and no later than August 1, 

1989 the data that paragraph (m)(1)(iii) requires shall have been gathered over at least the period from 

August 1, 1988 to the date the application becomes otherwise complete, except that if the Department 

determines that a complete and adequate analysis can 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 quality monitoring of PM10 under 

paragraphs (i)(11)(i) and (ii) the owner or operator of the source or modification shall use a monitoring 

method approved by the Department and shall estimate the ambient concentrations of PM10 using the data 

collected by such approved monitoring method in accordance with estimating procedures approved by the 

Department. 

 (2) Post-construction monitoring. The owner or operator of a major stationary source or major 

modification shall, after construction of the stationary source or modification, conduct such ambient 

monitoring as the Department determines is necessary 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 or operator of a major stationary source or 

major modification shall meet the requirements of Appendix B to 40 CFR 58 of during the operation of 

monitoring stations for purposes of satisfying paragraph (m). 

(n) Source information. 

 The owner or operator of a proposed source or modification shall submit all information 

necessary to perform any analysis or make any determination required under this section. 

 (1) With respect to a source or modification to which 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 specifications and drawings showing its design and plant layout; 

 (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 that 

best available control technology would be applied. 

 (2) Upon request of the Department, the owner or operator shall also provide information on: 

 (i) The air quality impact of the source or modification, including meteorological and 

topographical data necessary to estimate such impact; 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 source 

or modification would affect. 

(o) Additional impact analyses. 
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 (1) The owner or operator shall provide an analysis of the impairment to visibility, soils and 

vegetation that would occur as a result of the source or modification and general commercial, residential, 

industrial and other growth associated with the source or modification. The owner or operator need not

provide an analysis of the impact on vegetation having no significant commercial or recreational value. 

 (2) The owner or operator shall provide an analysis of the air quality impact projected for the area 

as a result of general commercial, residential, industrial and other growth associated with the source or 

modification. 

 (3) Visibility monitoring. The Department may require monitoring of visibility in any Federal 

class I area near the proposed new stationary source for major modification for such purposes and by such 

means as the Administrator deems necessary and appropriate. 

(p) Sources impacting Federal Class I areas--additional requirements-- 

 (1) Notice to Federal land managers. The Department 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 any such area. Such notification shall include a copy 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 application for a permit to construct. Such notification shall 

include an analysis of the proposed source's anticipated 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 the 

preliminary determination required under paragraph (q), and shall make available to them any materials

used in making that determination, promptly after the Department makes such determination. Finally, the 

Department shall also notify all affected Federal land managers within 30 days of receipt of any advance 

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 air 

quality related values (including visibility) of such lands and to consider, in consultation with the 

Department, whether a proposed source or modification will have an adverse impact on such values. 

 (3) Visibility analysis. The Department shall consider any analysis performed by the Federal land 

manager, provided within 30 days of the notification required by paragraph (p)(1), that shows that a 

proposed new major stationary source or major modification may have an adverse impact on visibility in

any Federal Class I area. Where the Department finds that such an analysis does not demonstrate to the

satisfaction of the Department that an adverse impact on visibility will result in the Federal Class I area, 

the Department must, in the notice of public hearing on the permit application, either explain its decision 

or give notice as to where the explanation can be obtained. 

 (4) Denial--impact on air quality related values. The Federal Land Manager of any such lands 

may demonstrate to the Department that the emissions from a proposed source or modification would 

have an adverse impact on the air quality-related values (including visibility) of those lands, 

notwithstanding that the change in air quality resulting from emissions from such source or modification 

would not cause or contribute to concentrations which would exceed the maximum allowable increases 

for a Class I area. If the Department concurs with such demonstration, then the permit shall not be issued. 

 (5) Class I variances. The owner or operator of a proposed source or modification may 

demonstrate to the Federal Land Manager that the emissions from such source or modification would 

have no adverse impact on the air quality related values of any such lands (including visibility), 
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notwithstanding that the change in air quality resulting from emissions from such source or modification 

would cause or contribute to concentrations which would exceed the maximum allowable increases for a 

Class I area. If the Federal Land Manager concurs with such demonstration and so certifies, the State may 

authorize the Administrator: Provided, That the applicable requirements of this regulation are otherwise 

met, to issue the permit with such emission limitations as may be necessary to assure that emissions of 

sulfur dioxide and particulate matter, and nitrogen oxides would not exceed the following maximum 

allowable increases over minor source baseline concentration for such pollutants: 

Pollutant Maximum Allowable Increase 

(micrograms per cubic meter) 

PM10, annual arithmetic mean 17 Particulate matter: PM10, 24-hr maximum 30 

annual arithmetic mean 20 

Sulfur dioxide: 24-hr maximum 91 

3-hr maximum 325 

Nitrogen dioxide: annual arithmetic mean 25 

 

(6) Sulfur dioxide variance by Governor with Federal 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 and, in 

the case of Federal mandatory Class I areas, that a variance under this clause would not adversely affect 

the air quality related values of the area (including visibility). The Governor, after consideration of the 

Federal Land Manager's recommendation (if any) and concurrence, may, after notice and public hearing, 

grant a variance from such maximum allowable increase. If such variance is granted, the Department shall 

issue a permit to such source or modification pursuant to the requirements of paragraph (q)(7): Provided, 

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 Manager does not concur, the recommendations of the 

Governor and the Federal Land Manager shall be transmitted to the President. The President may approve

the Governor's recommendation if it is found that the variance is in the national interest. If the variance is 

approved, the Department shall issue a permit pursuant to the requirements of paragraph (q)(7): Provided, 

that the applicable requirements of this regulation are otherwise met. 

 (8) Emission limitations for Presidential or gubernatorial variance. In the case of a permit issued 

pursuant to paragraph (q)(5) or (6) the source or modification shall comply with such emission limitations 

as may be necessary to assure that emissions of sulfur dioxide from the source or modification would not 

(during any day on which the otherwise applicable maximum 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 emissions would not cause or contribute to concentrations 

which exceed the otherwise applicable maximum allowable increases for periods of exposure of 24 hours 

or less for more than 18 days, not necessarily consecutive, 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 130 221 
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 (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 deficiency in the application 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 date on which the Department 

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 timely 

manner: 

 (i) Make a preliminary determination whether construction should be approved, approved 

with conditions, or disapproved. 

 (ii) Make available in at least one location in each region in which the proposed source or 

modification would be constructed a copy of all materials 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 newspaper 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 cognizance 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 use planning agency and any State, Federal Land 

Manager, or Indian Governing Body whose lands may be 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, and other appropriate considerations. 

 (vi) Consider all written comments submitted within a time specified in the notice of 

public comment and all comments received at any public 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 comments 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 locations where the Department made available 

preconstruction information relating to the proposed source or modification. 

 (vii) Make a final determination whether construction should be approved, approved with 

conditions, or disapproved pursuant to this section. 

 (viii) Notify the applicant in writing of the final determination and make such notification 

available for public inspection at the same location where the Department made available preconstruction 

information and public comments relating to the source or modification. 
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 (ix) Notify EPA of every action related to the consideration of the permit. 

 (3) The requirements of Section (q), Public Participation, 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 construction 

approval under the South Carolina State Implementation Plan and for exemption under Section (i), 

requirements providing the public with at least as much participation in each material determination as 

those of Section (q) have been met in the granting of such construction approval. 

(r) Source obligation. In addition to all other applicable requirements specified in this regulation, the 

owner or operator shall comply with the requirements of paragraphs (r)(1) through (r)(8). 

 (1) Any owner or operator who constructs or operates a source or modification not in accordance 

with the application submitted pursuant to this section or with the terms of any approval to construct, or 

any owner or operator of a source or modification subject to this section who commences construction 

after the effective date of these regulations without applying for and receiving approval hereunder, shall 

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 construction is discontinued for a period of 18 months or more, 

or if construction is not completed within a reasonable time. The Department may extend the 18-month 

period upon a satisfactory showing that an extension is justified. This provision does not apply to the time 

period between construction of the approved phases of a phased construction project; each phase must 

commence construction within 18 months of the projected and approved commencement date. 

 (3) Approval to construct shall not relieve any owner or operator of the responsibility to comply 

fully with applicable provisions of the State implementation plan and any other requirements under local, 

State, or Federal law. 

 (4) At such time that a particular source or modification becomes a major stationary source or 

major modification solely by virtue of a relaxation in any enforceable limitation which was established 

after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, such as a 

restriction on hours of operation, then the requirements or paragraphs (j) through (r) shall apply to the 

source or modification as though construction had not 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 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 emissions increase and the owner or operator elects to use the 

method specified in paragraphs (b)(41)(ii)(a) through (c) for calculating projected actual emissions. 

 (i) If the project requires construction permitting under Regulation 61-62.1, Section II 

“Permit Requirements”, the owner or operator shall provide a copy of the information set out in paragraph 

(r)(6)(ii) as part of the permit application to the Department. If construction permitting under Regulation 

61-62.1, Section II “Permit Requirements” is not required, the owner or operator shall maintain the 

information set out in paragraph (r)(6)(ii). 
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 (ii) Before beginning actual construction of the project, the owner or operator shall 

document and maintain a record of the following information: 

 (a) A description of the project; 

 (b) Identification of the emissions unit(s) whose 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 pollutant, 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 any netting calculations, if applicable. 

 (iii) The owner or operator shall monitor the emissions of any regulated 

NSR pollutant that could increase as a result of the project and that is emitted by any emissions unit

identified in paragraph (r)(6)(ii)(b); 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 following resumption of regular operations after 

the change, or for a period of 10 years following resumption of regular operations after the change if the 

project increases the design capacity of or potential to emit that regulated NSR pollutant at such emissions 

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 days after the end of each year during which records

must be generated under paragraph (r)(6)(iii) setting out the unit's annual emissions during the calendar 

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 Department if the annual emissions, in tons per year, from 

the project identified in paragraph (r)(6)(ii), exceed the baseline actual emissions (as documented and 

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 emissions 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 year. The report shall contain the following: 

 (a) The name, address and telephone number of the major stationary source; 

 (b) The annual emissions as calculated pursuant to paragraph (r)(6)(iii); and 

 (c) Any other information needed to make a compliance 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 construction 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. 

 (8) The owner or operator of the source shall make the information required to be documented 

and maintained pursuant to paragraph (r)(6) available for review 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). 

(s) through (u)(3) - Reserved. 
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(u)(4) In the case of a source or modification which proposes to construct in a class III area, emissions 

from which would cause or contribute to air quality exceeding the maximum allowable increase 

applicable if the area were designated a class II area, and where no standard under section 111 of the act 

has been promulgated for such source category, the Administrator must approve the determination of best 

available control technology as set forth in the permit. 

(v) Innovative control technology. 

 (1) An owner or operator of a proposed major stationary 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 or 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 level of continuous emissions reduction 

equivalent to that which would have been required under paragraph (j)(2), by a date specified by the 

Department. Such date shall not be later than 4 years from the time of startup or 7 years from permit 

issuance; 

 (iii) The source or modification would meet the requirements of paragraphs (j) and (k), 

based on the emissions rate that the stationary source employing the system of innovative control 

technology would be required to meet on the date specified 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 applicable national ambient air quality 

standard; or 

 (b) Impact any area where an applicable increment is known to be violated; and 

 (v) All other applicable requirements including those 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 source 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 date to achieve the required continuous 

emissions reduction rate; or 

 (ii) The proposed system fails before the specified date so as to contribute to an 

unreasonable risk to public health, welfare, or safety; 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 public health, welfare, or safety. 
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 (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 for 

the application of best available control technology through use of a demonstrated system of control. 

(w) Permit rescission. 

 (1) Any permit issued under this section or a prior 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 or modification who holds a permit for the 

source or modification which was issued under 40 CFR 52.21 as in effect on July 30, 1987, or any earlier 

version of this regulation, may request that the Administrator rescind the permit or a particular portion 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 modification. 

 (4) If the Department rescinds a permit under this paragraph, the public shall be given adequate 

notice of the rescission. Publication of an announcement of rescission in a newspaper of general 

circulation in the affected region within 60 days of the rescission shall be considered adequate notice. 

(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 actuals 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 method of operation of a major stationary 

source that maintains its total source-wide emissions 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 pollutant; 

 (b) Does not have to be approved through Regulation 61-62.5, Standard 7, 

Prevention of Significant Deterioration. However, will be reviewed through R. 61-62.1, Section II A. 

Permit Requirements; and 

 (c) Is not subject to the provisions in paragraph (r)(4) (restrictions on relaxing 

enforceable emission limitations that the major stationary source used to avoid applicability of the major 

NSR program). 
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 (iii) Except as provided under paragraph (aa)(1)(ii)(c), a major stationary source shall 

continue to comply with all applicable Federal or State requirements, emission limitations, and work 

practice requirements that were established prior to 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). When a term is not defined in these paragraphs, it shall 

have the meaning given in paragraph (b) or in the Clean 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 emissions 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 paragraph (b)(3), 

except as this definition is modified according to paragraphs (aa)(2)(ii)(a) and (b). 

 (a) The allowable emissions for any emissions unit shall be calculated 

considering any emission limitations that are enforceable 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 enforceable as a practical matter" should be added after 

"federally enforceable." 

 (iii) “Small emissions unit” means an emissions unit that emits or has the potential to 

emit the PAL pollutant in an amount less than the significant level for that PAL pollutant, as defined in 

paragraph (b)(49) or in the Clean Air Act, whichever is lower. 

 (iv) “Major emissions unit” means: 

 (a) Any emissions unit that emits or has the potential 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 potential to emit the PAL pollutant in 

an amount that is equal to or greater than the major source threshold for the PAL pollutant as defined by 

the Clean Air Act for nonattainment areas. For example, in accordance with the definition of major 

stationary source in section 182(c) of the Clean Air 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 has 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 stationary source, that is enforceable as a practical matter and 

established source-wide in accordance with paragraphs (aa)(1) through (15). 

 (vi) “PAL effective date” generally means the date of issuance of the PAL permit. 

However, the PAL effective date for an increased PAL is the date any emissions unit that is part of the 

PAL major modification becomes operational and begins to emit the PAL pollutant. 

 (vii) “PAL effective period” means the period beginning with the PAL effective date 

and ending 10 years later. 
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 (viii) “PAL major modification” means, notwithstanding paragraphs (b)(30) and (b)(34) 

(the definitions for major modification and net emissions increase), any physical change in or change in 

the method of operation of the PAL source that causes 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 Department 

that establishes a PAL for a major stationary source. 

 (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 potential 

to emit a PAL pollutant in an amount that is equal to or greater than the significant level (as defined in 

paragraph (b)(49) or in the Clean Air Act, whichever is lower) for that PAL pollutant, but less than the 

amount that would qualify the unit as a major emissions 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 shall submit the following information to the Department 

for approval: 

 (i) A list of all emissions units at the source designated as small, significant or major 

based on their potential to emit. In addition, the owner or operator of the source shall indicate which, if 

any, Federal or State applicable requirements, emission limitations, or work practices apply to each unit. 

 (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 malfunctions. 

 (iii) The calculation procedures that the major stationary source owner or operator 

proposes to use to convert the monitoring system data to monthly emissions and annual emissions based 

on a 12-month rolling total for each month as required 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 limitation in tons per year, that is 

enforceable as a practical matter, for the entire major stationary source. For each month during the PAL 

effective period after the first 12 months of establishing a PAL, the major stationary source owner or

operator shall show that the sum of the monthly emissions 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 effective date, the major stationary source owner or 

operator shall show that the sum of the preceding monthly emissions from the PAL effective date for each 

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 requirements of paragraph (aa)(7). 
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 (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 source. 

 (e) Each PAL shall regulate emissions of only one pollutant. 

 (f) Each PAL shall have a PAL effective period of 10 years. 

 (g) The owner or operator of the major stationary source with a PAL shall 

comply with the monitoring, recordkeeping, and reporting 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 effective period) are emissions reductions of a 

PAL pollutant that occur during the PAL effective period creditable as decreases for purposes of offsets 

under 40 CFR 51.165(a)(3)(ii) unless the level of the 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) “Public 

Participation” of this regulation. The Department must address all material comments before taking final 

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 of the baseline actual emissions (as defined in paragraph 

(b)(4)) of the PAL pollutant for each emissions unit at the source; plus an amount equal to the applicable 

significant level for the PAL pollutant under paragraph (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 actual emissions for all existing emissions units. However, 

a different consecutive 24-month period may be used for each different PAL pollutant. Emissions 

associated with units that were permanently shut down 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 prior to the issuance of the PAL permit. For instance, if 

the source owner or operator will be required to reduce emissions from industrial boilers in half from

baseline emissions of 60 ppm NOx to a new rule limit of 30 ppm, then the permit shall contain a future 

effective PAL level that is equal to the current PAL level reduced by half of the original baseline 

emissions of such unit(s). 

 (ii) Emissions from units (which do not include modification to existing units) on which 

operation began less than 24-months prior to the date of the PAL permit application must be added to the 

PAL level in an amount equal to the potential to emit of the units. 

 (7) Contents of the PAL permit. The PAL permit must contain, at a minimum, the information 

in paragraphs (aa)(7)(i) through (x). 

 (i) The PAL pollutant and the applicable source-wide emission limitation in tons per year. 
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 (ii) The PAL permit effective date and the expiration date of the PAL (PAL effective 

period). 

 (iii) Specification in the PAL permit that if a major stationary source owner or operator 

applies to renew a PAL in accordance with paragraph (aa)(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 compliance purposes must include 

emissions from startups, shutdowns, and malfunctions. 

 (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 stationary source owner or operator shall 

use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-

month rolling total as required by paragraph (aa)(13)(i). 

 (vii) A requirement that the major stationary source owner or operator monitor all 

emissions units in accordance with the provisions under paragraph (aa)(12). 

 (viii) A requirement to retain the records required 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 deems necessary to implement and 

enforce the PAL. 

 (8) PAL effective period and reopening of the PAL permit. The requirements in paragraphs 

(aa)(8)(i) and (ii) apply to actuals PALs. 

 (i) PAL effective period. The Department shall specify a PAL effective period 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 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 the PAL as provided under 

paragraph (aa)(11). 
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 (b) The Department shall have discretion to reopen 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 requirement, that is 

enforceable as a practical matter, and that the State 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 NAAQS or PSD increment violation, or to an adverse 

impact on an air quality related value that has been identified for a Federal Class I area by a Federal Land 

Manager and for which information is available to the 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 reopenings 

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 PAL effective period, and the requirements in paragraphs 

(aa)(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 (aa)(9)(i)(a) and (b). 

 (a) Within the time frame specified for PAL renewals in paragraph (aa)(10)(ii), 

the major stationary source shall submit a proposed allowable emission limitation for each emissions unit 

(or each group of emissions units, if such a distribution is more appropriate as decided by the Department) 

by distributing the PAL allowable emissions for the major stationary source among each of the emissions 

units that existed under the PAL. If the PAL had not yet been adjusted for an applicable requirement that 

became effective during the PAL effective period, as required under paragraph (aa)(10)(v), such 

distribution shall be made as if the PAL had been adjusted. 

 (b) The Department shall decide whether and how the PAL allowable emissions 

will be distributed and issue a revised permit incorporating allowable limits for each emissions unit, or 

each group of emissions units, as the Department determines 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, PEMS, or CPMS to demonstrate compliance with the 

allowable emission limitation. 

 (iii) Until the Department issues the revised permit incorporating allowable limits for 

each emissions unit, or each group of emissions units, 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 of 

the PAL emission limitation. 
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 (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, RACT, NSPS, etc.) that may have applied either during 

the PAL effective period or prior to the PAL effective period except for those emission limitations that 

had been established pursuant to paragraph (r)(4), but were eliminated by the PAL in accordance with the 

provisions in paragraph (aa)(1)(ii)(c). 

 (10) Renewal of a PAL. 

 (i) The Department shall follow the procedures specified in paragraph (aa)(5) in 

approving any request to renew a PAL for a major stationary source, and shall provide both the proposed 

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 renewal of a PAL. A timely application is one that is 

submitted at least 6 months prior to, but not earlier than 18 months from, the date of permit expiration. 

This deadline for application submittal is to ensure that the permit will not expire before the permit is 

renewed. If the owner or operator of a major stationary 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 contain 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 emissions 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 renewing the PAL. 

 (iv) PAL adjustment. In determining whether and how to adjust the PAL, the 

Department shall consider the options outlined in paragraphs (aa)(10)(iv)(a) and (b). However, in no case 

may any such adjustment fail to comply with paragraph (aa)(10)(iv)(c). 

 (a) If the emissions level calculated in accordance 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 paragraph (aa)(10)(iv)(b); or 

 (b) The Department may set the PAL at a level that it determines to be more 

representative of the source's baseline actual emissions, or that it determines to be more appropriate

considering air quality needs, advances in control technology, anticipated economic growth in the area, 
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desire to reward or encourage the source's voluntary emissions reductions, or other factors as specifically 

identified by the Department in its written rationale. 

 (c) Notwithstanding paragraphs (aa)(10)(iv)(a) and (b): 

 (1) If the potential to emit of the major stationary source is less than the 

PAL, the Department shall adjust the PAL to a level no greater than the potential to emit of the source; 

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 limitation 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 stationary source shall submit a complete 

application to request an increase in the PAL limit for a PAL major modification. Such application shall 

identify the emissions unit(s) contributing to the increase in emissions so as to cause the major stationary 

source's emissions to equal or exceed its PAL. 

 (b) As part of this application, the major stationary source owner or operator shall 

demonstrate that the sum of the baseline actual emissions of the small emissions units, plus the sum of the 

baseline actual emissions of the significant and major 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 result from BACT equivalent controls on each 

significant or major emissions unit shall be determined 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 preceding 10 years. In such a case, the assumed 

control level for that emissions unit shall be equal to the level of BACT or LAER with which that 

emissions unit must currently comply. 

 (c) The owner or operator obtains a major NSR permit for all emissions unit(s) 

identified in paragraph (aa)(11)(i)(a), regardless of 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 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 increased PAL level shall be effective 

on the day any emissions unit that is part of the PAL major modification becomes operational and begins 

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 sum of the baseline actual emissions of the significant 
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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 science and meet generally acceptable scientific 

procedures for data quality and manipulation. Additionally, the information generated by such system 

must meet minimum legal requirements for admissibility 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 requirements set forth in paragraphs (aa)(12)(ii)(a) through

(d) and must be approved by the Department. 

 (c) Notwithstanding paragraph (aa)(12)(i)(b), the owner or operator may also 

employ an alternative monitoring approach that meets paragraph (aa)(12)(i)(a) if approved by the 

Department. 

 (d) Failure to use a monitoring system that meets the requirements of this 

regulation renders the PAL invalid. 

 (ii) Minimum performance requirements for approved monitoring approaches. The 

following are acceptable general monitoring approaches when conducted in accordance with the 

minimum requirements in paragraphs (aa)(12)(iii) through (ix): 

 (a) Mass balance calculations for activities using coatings or solvents; 

 (b) CEMS; 

 (c) CPMS or PEMS; and 

 (d) Emission factors. 

 (iii) Mass balance calculations. An owner or operator using mass balance calculations to 

monitor PAL pollutant emissions from activities using 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 materials 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 otherwise 

be accounted for in the process; and 

 (c) Where the vendor of a material or fuel, which is used in or at the emissions 

unit, publishes a range of pollutant content from such material, the owner or operator must use the highest 
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value of the range to calculate the PAL pollutant emissions unless the Department determines there is 

site-specific data or a site-specific monitoring program to support another content within the range. 

 (iv) CEMS. An owner or operator using CEMS to monitor 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 requirements: 

 (a) The CPMS or the PEMS must be based on current site-specific data 

demonstrating a correlation between the monitored parameter(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 approved 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 requirements: 

 (a) All emission factors shall be adjusted, if appropriate, to account for the degree 

of uncertainty or limitations in the factors' development; 

 (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 operator of a significant emissions unit 

that relies on an emission factor to calculate PAL pollutant emissions shall conduct validation testing 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 report maximum potential emissions 

without considering enforceable emission limitations or operational restrictions for an emissions unit

during any period of time that there is no monitoring data, unless another method for determining 

emissions during such periods is specified in the PAL permit. 

 (viii) Notwithstanding the requirements in paragraphs (aa)(12)(iii) through (vii), where an 

owner or operator of an emissions unit cannot demonstrate a correlation between the monitored 

parameter(s) and the PAL pollutant emissions rate at all operating points of the emissions unit, the 

Department shall, at the time of permit issuance: 

 (a) Establish default value(s) for determining compliance with the PAL based on 

the highest potential emissions reasonably estimated at such operating point(s); or 
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 (b) Determine that operation of the emissions unit during operating conditions 

when there is no correlation between monitored parameter(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 testing 

must occur at least once every 5 years after issuance of the PAL. 

 (13) Recordkeeping requirements. (i) The PAL permit shall require an owner or operator 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 emissions unit's 12-month rolling total emissions, for 5 

years from the date of such record. 

 (ii) The PAL permit shall require an owner or operator to retain a copy of the following 

records for the duration of the PAL effective period 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 pursuant 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 title 

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 Department 

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 limited to, any Quality Assurance or 

Quality Control data, in calculating the monthly and 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 deviations or monitoring 

malfunctions (other than the time associated with zero and span calibration checks), and any corrective 

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 replaced with another monitoring system, and whether the emissions unit 

monitored by the monitoring system continued to operate, and the calculation of the emissions of the 

pollutant or the number determined by method included in the permit, as provided by (aa)(12)(vii). 
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 (g) A signed statement by the responsible official (as defined by the applicable 

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 the PAL requirements, including periods where no 

monitoring is available. A report submitted pursuant 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 the 

applicable program implementing 40 CFR 70.6(a)(3)(iii)(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 deviation or that was exceeded; 

 (c) Emissions resulting from the deviation or the exceedance; and 

 (d) A signed statement by the responsible official (as defined by the applicable 

title V operating permit program) certifying the truth, 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. 

 (i) The Department may not issue a PAL that does not comply with the requirements in 

paragraphs (aa)(1) through (15) after the date these provisions become effective. 

 (ii) The Department may supersede any PAL that was established prior to the date these 

provisions become effective with a PAL that complies with the requirements of paragraphs (aa)(1) 

through (15). 

(bb) If any provision of this regulation, or the application of such provision to any person or 

circumstance, 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 held invalid, shall not be affected thereby. 

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, 1988; 

 Vol. 13, Issue No. 3, (Doc. No. 1053), March 24, 1989; 

 Vol. 14, Issue No. 9, (Doc. No. 1310), August 24, 1990; 

 Vol. 16, Issue No. 6, (Doc. No. 1507), June 26, 1992; 

 Vol. 18, Issue No. 11, (Doc. No. 1799), November 25, 1994; 

 Vol. 20, Issue No. 4, (Doc. No. 1926), April 26, 1996; 

 Vol. 25, Issue No. 10, (Doc. No. 2648), October 26, 2001; 

 Vol. 29, Issue No. 6. (Doc. No. 2943), June 24, 2005; 

 Vol. 33, Issue No. 4, (Doc. No. 4056), April 24, 2009; 
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 Vol. 35, Issue No. 2, (Doc. No. 4160), February 25, 2011; 

 Vol. 35, Issue No. 5, (Doc No. 4130), May 27, 2011. 
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Clean Copy, R. 61-62.5, Standard 7.1 
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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 sources constructed or modified in any nonattainment 

area as designated in 40 CFR 81.341 ("nonattainment area") if the emissions from such facility will cause 

or contribute to concentrations of a regulated NSR pollutant (as defined in paragraph (c)(13)) for which 

the nonattainment area was designated as nonattainment. Applicability to this regulation shall be based 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 the construction of any new major 

stationary source or the major modification of any existing major stationary source, except as provided in 

paragraph (b). 

 (B) No new major stationary source or major modification to which the requirements of 

paragraph (d) apply shall begin actual 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. 

 (2) Redesignation to attainment. If any nonattainment area to which this regulation applies is 

later designated in 40 CFR 81.341 as attainment, all sources in that nonattainment area subject to this 

regulation before the redesignation date shall continue to comply with this regulation. 

 (3) For any area designated as nonattainment a major stationary source or major modification that 

is major for volatile organic compounds or oxides of 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 regulated 

NSR pollutant if it causes two types of emissions increases – a significant emissions increase (as defined 

in paragraph (c)(15), and a significant net emissions increase (as defined in paragraphs (c)(8) and (15). 

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 project is a major modification only if it also results in a 

significant net emissions increase. 

 (2) The procedure for calculating (before beginning 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) through (6). The procedure for calculating (before 

beginning actual construction) whether a significant net emissions increase will occur at the major 

stationary source (i.e., the second step of the process) is contained in the definition in paragraph (c)(8). 
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Regardless of any such preconstruction projections, a major modification results if the project causes a 

significant emissions increase and a significant net emissions increase. 

 (3) Actual-to-projected-actual applicability test for projects that only involve existing 

emissions units. A significant emissions increase of a regulated NSR 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 existing 

emissions unit, equals or exceeds the significant amount for that pollutant (as defined in paragraph 

(c)(14)). 

 (4) Actual-to-potential test for projects that only involve construction of a new emissions 

unit(s). A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of 

the difference between the potential to emit (as defined 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 baseline 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 defined in 

paragraph (c)(14)). 

 (5) [Reserved] 

 (6) Hybrid test for projects that involve multiple types of emissions units. A significant 

emissions increase of a regulated NSR pollutant is projected to occur if the sum of the emissions increases 

for each emissions unit, using the method specified in paragraphs (b)(3) and (4) as applicable with respect 

to each emissions unit, for each type of emissions unit equals or exceeds the significant amount for that 

pollutant (as defined in paragraph (c)(14)). 

 (7) For any major stationary source for a Plantwide Applicability Limitation (PAL) for a 

regulated NSR pollutant, the major stationary source shall comply with requirements under paragraph (i). 

(c) Definitions. The following definitions apply to this Standard only. Any other term contained within 

this Standard is as defined where indicated in Regulation 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 for 

establishing a PAL under paragraph (i). Instead, paragraphs (c)(2) and (c)(11) shall apply for those 

purposes. 

 (B) 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 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 emissions shall be calculated using the unit's actual operating hours, production 

rates, and types of materials processed, stored, or combusted during the selected time period. 

 (C) The Department may presume that source-specific allowable emissions for the unit 

are equivalent to the actual emissions of the unit.

 (D) For any emissions unit that has not begun normal operations on the particular date, 

actual emissions shall equal the potential to emit of the unit on that date. 
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 (2) “Baseline actual emissions” means the rate of emissions, in tons per year, of a regulated 

NSR pollutant, as determined in accordance with paragraphs (c)(2)(A) through (D). 

 (A) For any existing electric utility steam generating 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 or 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 determination that it is more representative of normal

source operation. 

 (i) The average rate shall include fugitive emissions to the extent quantifiable, 

and emissions associated with startups, and shutdowns. 

 (ii) 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 

enforceable during the consecutive 24-month period.

 (iii) For a regulated NSR pollutant, when a project involves multiple emissions 

units, only one consecutive 24-month period must be used to determine the baseline actual emissions for 

the emissions units being changed. A different consecutive 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 determining 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, in tons per year, at which the emissions unit actually 

emitted the pollutant during any consecutive 24-month period selected by the owner or operator within 

the 10-year period immediately preceding either the date the owner or operator begins actual construction 

of the project, or the date a complete permit application 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 any period earlier than November 15, 1990. The 

Department reserves the right to determine if the 24-month period selected is appropriate. 

 (i) The average rate shall include fugitive emissions to the extent quantifiable, 

and emissions associated with startups and shutdowns. 

 (ii) 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.

 (iii) 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 comply 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 promulgated 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 the requirements of paragraph 

(d)(1)(c)(viii). 
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 (iv) For a regulated NSR pollutant, when a project involves multiple emissions 

units, only one consecutive 24-month period must be used to determine the baseline actual emissions for 

the emissions units being changed. A different consecutive 24-month period can be used for each 

regulated NSR pollutant. 

 (v) The average rate shall not be based on any consecutive 24-month period for 

which there is inadequate information for determining 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 initial 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 generating units in accordance with the procedures contained 

in paragraph (c)(2)(A), for other existing emissions units in accordance with the procedures contained in 

paragraph (c)(2)(B), and for a new emissions unit in 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 degree of reduction 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 account 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 treatment 

or innovative fuel combustion techniques for control of such pollutant. In no event shall application of 

best available control technology result in emissions of any pollutant which would exceed the emissions 

allowed by any applicable standard under 40 CFR 60 or 61. If the Department determines that 

technological or economic limitations on the application of measurement methodology to a particular 

emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work 

practice, operational standard, or combination thereof, may be prescribed instead to satisfy the 

requirement for the application of BACT. Such standard 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 achieve 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 stationary source, unless the owner or operator of the

proposed stationary source demonstrates that such limitations 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, when applied to a modification, means the lowest 

achievable emissions rate for the new or modified emissions units within a stationary source. In no event 

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 an applicable new source standard of performance. 
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 (6)(A) “Major modification” means any physical change in or change in the method of 

operation of a major stationary source that would result in: 

 (i) A significant emissions increase of a regulated NSR pollutant (as defined in 

paragraph (c)(13)); and 

 

 (ii) A significant net emissions increase of that pollutant from the major 

stationary source. 

 (B) Any significant emissions increase (as defined in paragraph (c)(15)) from any 

emissions units or net emissions increase (as defined in paragraph (c)(8)) at a major stationary source that 

is significant for volatile organic compounds or oxides of nitrogen shall be considered significant for 

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 curtailment 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 generating unit to the extent that the fuel 

is generated from municipal solid waste; 

 (v) Use of an alternative fuel or raw material by a stationary source which; 

 (a) The source was capable of accommodating before 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 permit 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 enforceable permit condition which was established after 

December 21, 1976. 

 (vii) Any change in ownership at a stationary source. 

 (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 Plan, and 
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 (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 paragraph (i)(2)(viii) shall apply. 

 (7)(A) “Major stationary source” means: 

 (i) Any stationary source of air pollutants which 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, according to 

paragraphs (c)(7)(A)(i)(a) through (e) of this section. 

 (a) 50 tons per year of volatile organic compounds or oxides of nitrogen 

in any serious ozone nonattainment area. 

 (b) 50 tons per year of volatile organic compounds 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 compounds or oxides of nitrogen 

in any severe ozone nonattainment area. 

 (d) 10 tons per year of volatile organic compounds or oxides of nitrogen 

in any extreme ozone nonattainment area. or 

 (ii) Any physical change that would occur at a stationary 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 volatile 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 belongs to 

one of the following categories of stationary sources: 

 (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; 
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 (viii) Municipal incinerators capable of charging more 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 more 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 Clean 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: 
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 (i) The increase in emissions from a particular physical change or change in the 

method of operation at a stationary source as calculated pursuant to paragraph (b); and 

 (ii) 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 actual 

emissions for calculating increases and decreases under this paragraph (c)(8)(A)(ii) shall be determined as 

provided in paragraph (c)(2), except that paragraphs (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 change 

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 emissions from the particular change occurs. 

 (D) An increase in actual emissions is creditable only to the extent that the new level of 

actual emissions exceeds the old level. 

 (E) A decrease in actual emissions is creditable only to the extent that: 

 (i) The old level of actual emission or the old level 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 issuing any permit or the Department 

has not relied on it in demonstrating attainment or reasonable further progress; 

 (iv) It has approximately the same qualitative significance 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 operational and begins to emit a particular pollutant. Any

replacement unit that requires shakedown becomes operational only after a reasonable shakedown period,

not to exceed 180 days. 

 (G) Paragraph (c)(1)(B) shall not apply for determining creditable increases and 

decreases or after a change. 

(9) “Nonattainment major new source review (NSR) program” means a major source 

preconstruction permit program that has been approved by the Administrator and incorporated into the 

plan to implement the requirements of this regulation, or a program that implements 40 CFR 51, appendix 

S, Sections I through VI. Any permit issued under such a program is a major NSR permit. 

(10) [Reserved]
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 (11)(A) “Projected actual emissions” means, the maximum annual rate, in tons per year, at 

which an existing emissions unit is projected to emit a regulated NSR pollutant in any one of the 5 years 

(12-month 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 of that regulated NSR pollutant 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 under paragraph (c)(11)(A) before 

beginning actual construction, the owner or operator of the major stationary source: 

 (i) Shall consider all relevant information, including 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 extent 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 emissions following the project that an existing unit could 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 paragraphs (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) permit” 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 requirements 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 following: 

 (A) Oxides of nitrogen or any volatile organic compounds; 

 (B) Any pollutant for which a national ambient air quality standard has been 

promulgated; or 

 (C) Any pollutant that is a constituent or precursor of a general pollutant listed under 

paragraphs (c)(13)(A) or (B), provided that a constituent or precursor pollutant may only be regulated

under NSR as part of regulation of the general pollutant. Precursors identified by the Administrator for 

purposes of NSR are the following: 

 (a) Volatile organic compounds and nitrogen oxides are precursors to 

ozone in all ozone nonattainment areas; 

 

 (b) Sulfur dioxide is a precursor to PM2.5 in all PM2.5 nonattainment 

areas; 
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 (c) Nitrogen oxides are presumed to be precursors to PM2.5 in all PM2.5

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 PM2.5 in any PM2.5 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 PM2.5 concentrations; or 

 (D) PM2.5 emissions and PM10 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 established in the upcoming rulemaking codifying test methods), such 

condensable particulate matter shall be accounted for in applicability determinations and in establishing 

emissions limitations for PM2.5 and PM10 in permits issued under this ruling. Compliance with emissions 

limitations for PM2.5 and PM10 issued prior to this date shall not be based on condensable particulate 

matter unless required by the terms and conditions of the permit or the applicable implementation plan. 

Applicability determinations made prior to this date without accounting for condensable particulate matter 

shall not be considered in violation of this section unless the applicable implementation plan required 

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 that would equal or exceed any of the following rates: 

Pollutant Emission Rate 

Carbon monoxide: 100 tons per year (tpy) 

Nitrogen oxides: 40 tpy 

Particulate matter: 

 15 tpy of PM10 emissions 

 10 tpy of direct PM2.5 ; 

 40 tpy of sulfur dioxide emissions; 

 40 tpy of nitrogen oxide emissions unless demonstrated not to be a PM2.5 precursor under 

paragraph 13 of this section 

Sulfur dioxide: 40 tpy 

Ozone: 40 tpy of volatile organic compounds or oxides 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 paragraph (c)(14)) for that pollutant. 

(16) “Volatile organic compounds (VOC)” is as defined in Regulation 61-62.1, Section I, 

Definitions. 

(d) Permitting requirements 
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(1) Conditions for approval. If the Department finds that the major stationary source or major 

modification would be constructed in an area designated in 40 CFR 81.341 as nonattainment for a 

pollutant for which the stationary source or modification is major, approval may be granted only if the 

following conditions are met: 

 (A) The major stationary source or major modification is required to meet an 

emission limitation which specifies the lowest achievable emission rate (LAER) for such source. 

 (B) The applicant must certify that all existing major sources owned or operated by 

the applicant (or any entity controlling, controlled by, or under common control with the applicant) in 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 compliance with an expeditious schedule which is Federally 

enforceable or contained in a court decree). 

 (C) The owner or operator of the proposed new major stationary source or major 

modification will obtain sufficient emission reductions of the nonattainment pollutant from other sources. 

Emission reductions shall be in effect and enforceable prior to the date the new source or modification 

commences operation. The emission reductions shall be obtained in accordance with the following 

provisions: 

 

 (i) Where the permitted emissions limit allows greater emissions than the 

potential to emit of the source, emissions offset credit will be allowed only for control below this 

potential; 

 (ii) For an existing fuel combustion source, credit 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 involved is not acceptable, unless the permit is conditioned to 

require the use of a specified alternative control measure which would achieve the same degree of 

emissions reduction should the source switch back to a dirtier fuel at some later date. 

 (iii)(a) Emissions reductions achieved by shutting down an existing source or 

curtailing production or operating hours below baseline levels may be generally credited if such 

reductions are permanent, quantifiable, federally enforceable, occurred on or after the date of the most 

recent emissions inventory, and if the area has an EPA-approved attainment plan. 

 

 (b) Such reductions may be credited if the shutdown or curtailment 

occurred on or after the date the new source permit application is filed, or, if the applicant can establish 

that the proposed new source is a replacement for the shutdown or curtailed source, and the cutoff date 

provision of paragraph (d)(C)(iii)(a) are observed.

 (iv) No emissions credit may be allowed for replacing 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 credit shall be federally enforceable 

and surplus; 
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 (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 have occurred after December 31 of the base year 

inventory for those pollutants that are designated nonattainment by the EPA. The base year inventory date 

is two years preceding the date of nonattainment designation. However, the Department may choose to 

consider a prior shutdown or curtailment to have occurred after the last day of the base year if the 

projected emissions inventory used to develop the attainment demonstration explicitly includes the 

emissions from such previously shutdown or curtailed emission units. 

 (B) Emission reductions shall have been created by a 

facility that has obtained an enforceable air quality permit or letter of permit cancellation resulting 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 throughput; 

 (F) Shutdown of emitting sources; or 

 

 (G) Any other enforceable method that the Department 

determines to result in real, permanent, quantifiable, enforceable, and surplus reduction of emissions. 

 (3) A completed emissions offset submittal must be received by 

the Department within one year of the date of the creation of the reductions. Emission offsets not 

requested within one year of the date of the creation of the reductions will be permanently retired. Prior 

to commencing operation of a permitted emissions unit, Department approval for the required emission 

offsets must be granted. 

 (4) The following are ineligible for emission offsets: 

 (A) Emission reductions that are not considered surplus, 

such as: 

 (i) Emission reductions that have previously

been used to avoid Regulation 61-62.5 Standard No. 7, Prevention of Significant Deterioration, or 
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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 Air Act, to the extent needed to comply with Regulation 

61-62.61, National Emission Standards for Hazardous Air Pollutants (NESHAP), and Regulation 61-

62.63, National Emission Standards for Hazardous Air Pollutants (NESHAP) for Source Categories, 

(however, emission reductions of hazardous volatile organic compound (VOC) and/or hazardous 

particulate matter (PM) air pollutants beyond the amount 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 (SO2), 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, SO2, PM and 

VOCs beyond the amount of reductions necessary to comply with Regulation 61-62.60, South Carolina 

Designated Facility Plan and NSPS, are considered surplus); 

 (iv) Emission units covered under an agreement, 

order or variance for exceeding an emission standard until compliance is demonstrated with the emission 

standard that is the subject of the agreement, order or variance; 

 (v) Sources that have operated less than 12 

months; 

 (vi) Emission reductions required in order to 

comply with any State or Federal regulation not listed above, unless these reductions are in excess of the 

amount required by the State or Federal regulation; or 

 (vii) Facilities that have received a Department 

transmittal letter notifying of permit cancellation due to the facility’s decision to close out its operating 

permit without a request to qualify facility emission 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 emission reduction using data from the 24-month period 

immediately preceding the reduction in emissions. With the Department’s approval, the use of a different 

time period, not to exceed 10 years immediately preceding the reduction in emissions, may be allowed if 

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 preceding 

the date of nonattainment designation; and 

 (B) The emission offsets created shall be calculated by 

subtracting the allowable emissions following the reduction from the average annual actual emissions 

prior to the reduction. 
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 (vi) Location of offsetting emissions. Emission offsets shall be obtained from 

sources currently operating within the same designated 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 has an equal or higher nonattainment classification than 

the area in which the proposed source is located and (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 following provisions: 

 (a) Emissions for carbon monoxide (CO), nitrogen dioxide (NO2), 

sulfur dioxide (SO2), lead (Pb), and particulate matter (PM10 and PM2.5) nonattainment areas shall be 

offset at a ratio greater than one to one. 

 (b) Emissions for ozone nonattainment areas shall be offset for 

volatile organic compounds (VOCs) and nitrogen oxides (NOx) 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 permit under regulations approved pursuant to 40 CFR part 

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 tons per year, resulting from a 

major modification that must be offset in accordance with section 173 of the Clean Air Act shall be 

determined by summing the difference between the allowable emissions after the modification (as defined 

by paragraph (b)(3) of Standard 7) and the actual emissions 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 alternative sites, sizes, production 

processes, and environmental control techniques for such proposed source demonstrates that benefits of

the proposed source significantly outweigh the environmental and social costs imposed as a result of its 

location, construction, or modification shall be required. 

(2) (A) Any owner or operator who constructs or operates a source or modification not in 

accordance with the application submitted pursuant to this section or with the terms of any approval to 

construct, or any owner or operator of a source or modification subject to this section who commences 
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construction after the effective date of these regulations without applying for and receiving approval

hereunder, shall be subject to appropriate enforcement action. 

 (B) Approval to construct shall become invalid if construction is not commenced within 

18 months after receipt of such approval, if construction is discontinued for a period of 18 months or

more, or if construction is not completed within a reasonable time. The Department may extend the 18-

month period upon a satisfactory showing that an extension is justified. This provision does not apply to 

the time period between construction of the approved phases of a phased construction project; each phase 

must commence construction within 18 months of the projected and approved commencement date. 

 (C) Approval to construct shall not relieve any owner or operator of the responsibility to comply 

fully with applicable provisions of the plan and any other requirements under local, State or Federal law. 

 (D) At such time that a particular source or modification 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 of the source or modification otherwise to emit a 

pollutant, such as a restriction on hours of operation, 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 emissions 

increase and the owner or operator elects to use the method specified in paragraphs (c)(11)(B)(i) through 

(iii) for calculating projected actual emissions. 

 (A) If the project requires construction permitting 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 Regulation 

61-62.1, Section II “Permit Requirements” is not required, the owner or operator shall maintain the 

information set out in paragraph (d)(3). 

 

 (B) Before beginning actual construction of the project, the owner or operator shall 

document and maintain a record of the following information: 

 (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 pollutant, 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 any netting calculations, if applicable. 

 (C) The owner or operator shall monitor the emissions of any regulated NSR pollutant 

that could increase as a result of the project and that is emitted by any emissions units identified in 

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 following resumption of regular operations after the change, or 

for a period of 10 years following resumption of regular operations after the change if the project 

increases the design capacity or potential to emit of that regulated NSR pollutant at such emissions unit. 
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 (D) If the unit is an existing electric utility steam generating unit, the owner or operator 

shall submit a report to the Department within 60 days 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 that 

preceded submission of the report. 

 (E) 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 Department if the annual emissions, in tons per year, from 

the project identified in paragraph (d)(3)(B), exceed the baseline actual emissions (as documented and

maintained pursuant to paragraph (d)(3)(B)(iii)), by a significant amount (as defined in paragraph (c)(14)) 

for that regulated NSR pollutant, and if such emissions 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 year. 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 compliance 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 construction 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 review 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 receipt of an application to construct, or any 

addition to such application, the Department shall advise the applicant of any deficiency in the application 

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 date on 

which the Department received all required information. 

 (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 timely 

manner: 

 (i) For the purposes of this paragraph (d)(7), the 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 construction 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 materials 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. 
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 (iv) Notify the public, by advertisement in a newspaper 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 to the applicant, the Administrator of 

EPA, and to officials and agencies having cognizance 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 use planning agency and any State, Federal Land 

Manager, or Indian Governing Body whose lands may be 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 plant or 

modification, the control technology required, and other appropriate considerations. 

 (vii) Consider all written comments submitted within a time specified in the notice of 

public comment and all comments received at any public 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 comments 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 locations where the Department made available 

preconstruction information relating to the proposed plant or modification. 

 (viii) Make a final determination whether construction should be approved, approved 

with conditions, or disapproved pursuant to this section. 

 (ix) Notify the applicant in writing of the final determination and make such notification 

available for public inspection at the same location where the Department made available preconstruction 

information and public comments relating to the plant or modification. 

 (x) Notify EPA of every action related to the consideration of the permit. 

(e) Exemptions. The provisions of paragraph (d) shall not apply to a particular major stationary source or 

major modification if the source or modification would be a major stationary source or major 

modification only if fugitive emissions, to the extent quantifiable, are considered in calculating the

potential to emit of the stationary source or modification and the source does not belong to any of the 

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; 
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 (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 process 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 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]
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(h) [Reserved]

(i) Actuals PALs. The provisions in paragraphs (i)(1) through (15) govern actuals PALs. 

(1) Applicability. 

 (i) The Department may approve the use of an actuals 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" shall mean "actuals PAL" throughout paragraph (i). 

 (ii) The Department shall not allow an actuals PAL for VOC or NOx for any major 

stationary source located in an extreme ozone nonattainment area. 

 (iii) Any physical change in or change in the method of operation of a major stationary 

source that maintains its total source-wide emissions below the PAL level, meets the requirements in 

paragraphs (i)(1) through (15), and complies with the PAL permit: 

 (A) Is not a major modification for the PAL pollutant; 

 (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 State requirements, emission limitations, and work 

practice requirements that were established prior to 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). When a term is not defined in these paragraphs, it shall 

have the meaning given in paragraph (c) of this regulation; paragraph (b) of Regulation 61-62.5, Standard 

7, “Prevention of Significant Deterioration”(“Standard 7”); or in the Clean Air Act. 

 (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 emissions units (as defined in paragraph (b)(20) of 

Standard 7) at the source, that emit or have the potential to emit the PAL pollutant. 

 (ii) Allowable emissions means "allowable emissions" as defined in paragraph (b)(3) of 

Standard 7, except as this definition is modified according 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 enforceable 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" should be 

added after "federally enforceable." 
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 (iii) Small emissions unit means an emissions unit that emits or has the potential to emit 

the PAL pollutant in an amount less than the significant level for that PAL pollutant, as defined in 

paragraph (c)(14) or in the Clean Air Act, whichever is lower. 

 (iv) Major emissions unit means: 

 (A) Any emissions unit that emits or has the potential 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 potential to emit the PAL pollutant 

in an amount that is equal to or greater than the major source threshold for the PAL pollutant as defined 

by the Clean Air Act for nonattainment areas. For example, in accordance with the definition of major 

stationary source in section 182(c) of the Clean Air 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 has 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 stationary source, that is enforceable as a practical matter and 

established source-wide in accordance with paragraphs (i)(1) through (i)(15). 

 (vi) PAL effective date generally means the date of issuance of the PAL permit. 

However, the PAL effective date for an increased PAL is the date any emissions unit which is part of the 

PAL major modification becomes operational and begins 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 emissions increase), any physical change in or change in the 

method of operation of the PAL source that causes 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 Department

that establishes a PAL for a major stationary source. 

 (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 potential to 

emit a PAL pollutant in an amount that is equal to or greater than the significant level (as defined in 

paragraph (c)(13) or in the Clean Air Act, whichever is lower) for that PAL pollutant, but less than the 

amount that would qualify the unit as a major emissions 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 shall submit the following information to the Department 

for approval: 
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 (i) A list of all emissions units at the source designated as small, significant or major 

based on their potential to emit. In addition, the owner or operator of the source shall indicate which, if 

any, Federal or State applicable requirements, emission limitations or work practices apply to each unit. 

 (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 malfunction. 

 (iii) The calculation procedures that the major stationary source owner or operator 

proposes to use to convert the monitoring system data to monthly emissions and annual emissions based 

on a 12-month rolling total for each month as required 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 limitation in tons per year, that is 

enforceable as a practical matter, for the entire major stationary source. For each month during the PAL 

effective period after the first 12 months of establishing a PAL, the major stationary source owner or

operator shall show that the sum of the monthly emissions 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 effective date, the major stationary source owner or 

operator shall show that the sum of the preceding monthly emissions from the PAL effective date for each 

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 (i)(5). 

 (C) The PAL permit shall contain all the requirements of paragraph (i)(7). 

 (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 source. 

 (E) Each PAL shall regulate emissions of only one pollutant. 

 (F) Each PAL shall have a PAL effective period of 10 years. 

 (G) The owner or operator of the major stationary source with a PAL shall 

comply with the monitoring, recordkeeping, and reporting 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 emissions 

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) and 

(d)(7). The Department must address all material comments before taking final action on the permit. 
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(6) Setting the 10-year actuals PAL level. (i) Except as provided in paragraph (i)(6)(ii), the 

actuals PAL level for a major stationary source shall be established as the sum of the baseline actual

emissions (as defined in paragraph (c)(2)) of the PAL 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 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 actual emissions for all existing 

emissions units. However, a different consecutive 24-month period may be used for each different PAL 

pollutant. Emissions associated with units that were permanently shut down 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 prior to issuance of the PAL permit. For 

instance, if the source owner or operator will be required to reduce emissions from industrial boilers in 

half from baseline emissions of 60 ppm NOX to a new rule limit of 30 ppm, then the permit shall contain a 

future effective PAL level that is equal to the current PAL level reduced by half of the original baseline 

emissions of such unit(s). 

 (ii) For newly constructed units (which do not include modifications to existing units) on 

which operation began less than 24-months prior to the date of the PAL permit application, the emissions 

must be added to the PAL level in an amount equal to the potential to emit of the units. 

(7) Contents of the PAL permit. The PAL permit must contain, at a minimum, the information 

in paragraphs (i)(7)(i) through (x). 

 (i) The PAL pollutant and the applicable source-wide emission limitation in tons per year. 

 (ii) The PAL permit effective date and the expiration date of the PAL (PAL effective 

period). 

 (iii) Specification in the PAL permit that if a major 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 compliance purposes include emissions 

from startups, shutdowns and malfunctions. 

 (v) A requirement that, once the PAL expires, the major stationary source is subject to the 

requirements of paragraph (i)(9). 

 (vi) The calculation procedures that the major stationary source owner or operator shall 

use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-

month rolling total for each month as required by paragraph (i)(13)(i). 

 (vii) A requirement that the major stationary source owner or operator monitor all 

emissions units in accordance with the provisions under 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 under paragraph (i)(14) by the required 

deadlines. 
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 (x) Any other requirements that the Department deems necessary to implement and 

enforce the PAL. 

(8) PAL effective period and reopening of the PAL permit. The requirements in paragraphs 

(i)(8)(i) and (ii) apply to actuals PALs. 

 (i) PAL effective period. The Department shall specify a PAL effective period 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 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 paragraph (d)(2). 

 (3) Revise the PAL to reflect an increase in the PAL 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 Federal requirements (for 

example, NSPS) with compliance dates after the PAL effective date. 

 (2) Reduce the PAL consistent with any other requirement, that is 

enforceable as a practical matter, and that the Department may impose on the major stationary source 

under the State Implementation Plan. 

 (3) Reduce the PAL if the Department determines that a reduction is 

necessary to avoid causing or contributing to a NAAQS or PSD increment violation, or to an adverse 

impact on an air quality related value that has been identified for a Federal Class I area by a Federal Land 

Manager and for which information is available to the 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 reopenings 

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 the procedures in 

paragraph (i)(10) shall expire at the end of the PAL effective period, and the requirements in paragraphs 

(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). 
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 (A) Within the time frame specified for PAL renewals in paragraph (i)(10)(ii), 

the major stationary source shall submit a proposed allowable emission limitation for each emissions unit 

(or each group of emissions units, if such a distribution is more appropriate as decided by the Department) 

by distributing the PAL allowable emissions for the major stationary source among each of the emissions 

units that existed under the PAL. If the PAL had not yet been adjusted for an applicable requirement that 

became effective during the PAL effective period, as required under paragraph (i)(10)(v), such 

distribution shall be made as if the PAL had been adjusted. 

 (B) The Department shall decide whether and how the PAL allowable emissions 

will be distributed and issue a revised permit incorporating allowable limits for each emissions unit, or 

each group of emissions units, as the Department determines 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, PEMS or CPMS to demonstrate compliance with the 

allowable emission limitation. 

 (iii) Until the Department issues the revised permit incorporating allowable limits for 

each emissions unit, or each group of emissions units, as required under paragraph (i)(9)(i)(A), the source 

shall continue to comply with a source-wide, multi-unit emissions cap equivalent to the level of the PAL 

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 NSR requirements if such change meets the definition

of major modification in paragraph (c)(6). 

 (v) The major stationary source owner or operator shall continue to comply with any 

State or Federal applicable requirements (BACT, RACT, NSPS, etc.) that may have applied either during 

the PAL effective period or prior to the PAL effective period except for those emission limitations that 

had been established pursuant to paragraph (d)(2)(D), but were eliminated by the PAL in accordance with 

the provisions in paragraph (i)(1)(iii)(C). 

(10) Renewal of a PAL. 

 (i) The Department shall follow the procedures specified in paragraph (i)(5) in approving 

any request to renew a PAL for a major stationary source, and shall provide both the proposed 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 renewal of a PAL. A timely application is one that is 

submitted at least 6 months prior to, but not earlier than 18 months from, the date of permit expiration. 

This deadline for application submittal is to ensure that the permit will not expire before the permit is 

renewed. If the owner or operator of a major stationary 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 contain the 

information required in paragraphs (i)(10)(iii)(A) through (D). 

 (A) The information required in paragraphs (i)(3)(i) through (iii). 
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 (B) A proposed PAL level. 

 (C) The sum of the potential to emit of all emissions 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 renewing the PAL. 

 (iv) PAL adjustment. In determining whether and how to adjust the PAL, the 

Department shall consider the options outlined in paragraphs (i)(10)(iv)(A) and (B). However, in no case 

may any such adjustment fail to comply with paragraph (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 paragraph (i)(10)(iv)(B); or 

 (B) The Department may set the PAL at a level that it determines to be more 

representative of the source's baseline actual emissions, or that it determines to be appropriate considering 

air quality needs, advances in control technology, anticipated economic growth in the area, desire to 

reward or encourage the source's voluntary emissions reductions, or other factors as specifically identified 

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 stationary source is less than the 

PAL, the Department shall adjust the PAL to a level no greater than the potential to emit of the source; 

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 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 limitation 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 source shall submit a complete 

application to request an increase in the PAL limit for a PAL major modification. Such application shall 

identify the emissions unit(s) contributing to the increase in emissions so as to cause the major stationary 

source's emissions to equal or exceed its PAL. 

 (B) As part of this application, the major stationary source owner or operator 

shall demonstrate that the sum of the baseline actual emissions of the small emissions units, plus the sum 

of the baseline actual emissions of the significant and major emissions units assuming application of 
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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 result from BACT equivalent controls on each 

significant or major emissions unit shall be determined 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 preceding 10 years. In such a case, the assumed 

control level for that emissions unit shall be equal to the level of BACT or LAER with which that 

emissions unit must currently comply. 

 (C) The owner or operator obtains a major NSR permit for all emissions unit(s) 

identified in paragraph (i)(11)(i)(A), regardless of 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 PAL major modification becomes operational and begins 

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 sum of the baseline actual emissions of the significant 

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 the 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 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 science and 

meet generally acceptable scientific procedures for data quality and manipulation. Additionally, the 

information generated by such system must meet minimum legal requirements for admissibility 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 requirements 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 may 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 the requirements of this 

regulation renders the PAL invalid. 

 (ii) Minimum Performance Requirements for Approved Monitoring Approaches. The 

following are acceptable general monitoring approaches when conducted in accordance with the 

minimum requirements in paragraphs (i)(12)(iii) through (ix): 
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 (A) Mass balance calculations for activities using coatings or solvents; 

 (B) Continuous emissions monitoring system (CEMS); 

 (C) Continuous parameter monitoring system (CPMS) or Predictive emissions 

monitoring system (PEMS); and 

 (D) Emission Factors. 

 (iii) Mass Balance Calculations. An owner or operator using mass balance calculations to 

monitor PAL pollutant emissions from activities using 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 materials 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 otherwise 

be accounted for in the process; and 

 (C) Where the vendor of a material or fuel, which is used in or at the emissions 

unit, publishes a range of pollutant content from such material, the owner or operator must use the highest 

value of the range to calculate the PAL pollutant emissions unless the Department determines there is 

site-specific data or a site-specific monitoring program to support another content within the range. 

 (iv) CEMS. An owner or operator using CEMS to monitor PAL pollutant emissions shall 

meet the following requirements: 

 (A) CEMS must comply with applicable Performance Specifications found in 40 

CFR part 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 requirements: 

 (A) The CPMS or the PEMS must be based on current site-specific data 

demonstrating a correlation between the monitored parameter(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 approved 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 requirements: 

 (A) All emission factors shall be adjusted, if appropriate, to account for the 

degree of uncertainty or limitations in the factors' development; 
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 (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 operator of a significant emissions 

unit that relies on an emission factor to calculate PAL pollutant emissions shall conduct validation testing 

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 report maximum potential emissions 

without considering enforceable emission limitations or operational restrictions for an emissions unit

during any period of time that there is no monitoring data, unless another method for determining 

emissions during such periods is specified in the PAL permit. 

 (viii) Notwithstanding the requirements in paragraphs (i)(12)(iii) through (vii), where an 

owner or operator of an emissions unit cannot demonstrate a correlation between the monitored 

parameter(s) and the PAL pollutant emissions rate at all operating points of the emissions unit, the 

Department shall, at the time of permit issuance: 

 (A) Establish default value(s) for determining compliance with the PAL based on 

the highest potential emissions reasonably estimated at such operating point(s); or 

 (B) Determine that operation of the emissions unit during operating conditions 

when there is no correlation between monitored parameter(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 testing 

must occur at least once every 5 years after issuance of the PAL. 

(13) Recordkeeping requirements. 

 (i) The PAL permit shall require an owner or operator to retain a copy of all records 

necessary to determine compliance with any requirement of paragraph (i) and of the PAL, including a 

determination of each emissions unit's 12-month rolling total emissions, for 5 years from the date of such 

record. 

 (ii) The PAL permit shall require an owner or operator to retain a copy of the following 

records for the duration of the PAL effective period 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 pursuant 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 title 

V operating permit program. The reports shall meet the requirements in paragraphs (i)(14)(i) through (iii). 
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 (i) Semi-Annual Report. The semi-annual report shall 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 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 (i)(13)(i). 

 (C) All data relied upon, including, but not limited to, any Quality Assurance or 

Quality Control data, in calculating the monthly and 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 deviations or monitoring 

malfunctions (other than the time associated with zero and span calibration checks), and any corrective 

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 replaced with another monitoring system, and whether the 

emissions unit monitored by the monitoring system continued 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 the PAL requirements, including periods where no 

monitoring is available. A report submitted pursuant 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 the 

applicable program implementing 40 CFR 70.6(a)(3)(iii)(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 deviation or that was exceeded; 

 (C) Emissions resulting from the deviation or the exceedance; and 

 (D) A signed statement by the responsible official (as defined by the applicable 

title V operating permit program) certifying the truth, 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. 
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 (i) The Department may not issue a PAL that does not comply with the requirements in 

paragraphs (aa)(1) through (15) after the date these provisions become effective. 

 (ii) The Department may supersede any PAL which was established prior to the date of 

approval of the plan by the Administrator with a PAL that complies with the requirements of paragraphs

(i)(1) through (15). 

(j) If any provision of this regulation, or the application of such provision to any person or circumstance, 

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 held 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, 2005; 

 Vol. 33, Issue No. 4, (Doc. No. 4056), April 24, 2009; 

 Vol. 35, Issue No. 2, (Doc. No. 4160), February 25, 2011; 

 Vol. 35 Issue, No. 5, (Doc. No. 4130), May 27, 2011.