7/3112014 

### SouthC..-olinaStaleIIJ"IliemenlationPlan w;thin thirty (30) days ofthe transaction. Atransfer ofthe operation or construction permit will be effective upon written approval by the Department.

F. Exemptions, 1. No**~ermits** shall be required for the following sourceswhich burn v1rgin fuel and which were constructed priorto Februar¥ 111 1971 and which are not located at a plantthat meets the def1nit1on of a major source as defined in s.c. Regulation 61-62.70.2{r):

a. Natural gas boilers; b. oil fired boilers of 50,000,000 BTU/HR rated capacityor smaller; and

c. coal fired boilers of20,000,000 BTU/HR rated capacityor smaller.
2. No**~ermits** shall be required for the following sources1 unless otherw1se specified by s.c. Regulation 61-62.70 or any otner State or Federal Requirement.

a. Boilers and space heating systems ofless than 1,500,000 BTU/HR rated capacity; b. Comfort air conditioning orventilation systems;

c. Motor vehicles; d. Laboratory hoods;**~·** Emergency power generators ofless than 150 KW rated capac1ty, or thosewhich operate 250 hours per year or less and have a method to record the actual hours ofuse such as an hour meter and f. Sources emitting only steam, air, nitrogen, oxygen, carbon dioxide, or any physical combination ofthese.

g. sourceswith an uncontrolled particulatematteremission rate ofless than 1lb/hrand/or uncontrolledvoc emission rate of less than 1000 lbs/mo. May not require permits. However, source information needs to be submitted to the oecartment and a determinationon the need for permitswill e made.
This determination will take into consideration, but will not be limited to, the nature and amount ofpollutants location, proximityto residences and commercial establishments, etc. h. sourceswhose only emissions arefugitive shall 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 ofpollutants location, proximityto residences and commercial establishments, etc. G. conditional Major source Permits
1. General Provisions (a) Any stationary source that satisfies the definition of a major source, as defined by s.c. Regulation 61-62.70.2(r), may request to use federally enforceable permit conditions and/or regulation to limitthe source's potential to emit and become a conditional major source. (b) stationary sources requesting a conditional major source permit shall submit a complete permit application package to the Department. (c) Stationary sources requesting a conditional major source permit shall undergo the public participation procedures of s.c. Regulation 61-62.1, section IIG(5). (d) The Department shall acton all application for a conditional major source permit and shall notifythe applicant in writing ofits approval, conditional approval, ordenial. (e) In the event of a denial ofa conditional major source permit application, the Department shall notifythe applicant in writing ofthe reasons for the denial. The Department shall not**acce~t** a subsequent conditional major source apClication until the appl1cant has addressed the concerns specified ythe Department which caused the original denial. The source shall correct all deficiencies noted by theDepartment or submit a complete Part 70 permit application in order to receive a State Part 70 permit.
2. Existing sources (a) Any owner or operator desiring to be permitted as a conditional major source shall submit an operating permit application containing the information identified in Section II G(8), below. Afederally enforceable conditional major operating permit shall constrain the operations ofthe source such that potential emissions fall below the applicable levels and therefore exclude the source from the requirements to have a State Part 70 permit. (b) Arequest for a conditional major source permit shall not receive relieve a source from the requirement tomeet the deadline for submittal ofa Part 70 permit application.
3. New sources (a) Any owner or operatorwho plans to construct, alter, or add to a source ofair contaminants, including the installation of any devicefor the control of air contaminants discharges, and desires a conditional major source permit shall provide a written request tothe Department for a federally enforceable construction permit conditioned to constrain the operation ofthe source, along hUpJ/IMMN.epa.gOIIregion4/airfsipslsc/reg62-1.hbn 

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### SouthC..-olinaStaleIIJ"IliemenlationPlan 

### w;th a 

### complete construction permit application package containing the information identified in section 11 G(8), below. The constructionofthe new ormodified source shall not commence until the source has received an effective permit toconstructfrom the Department. 

### (b) Awritten requestto obtain an operating permit shall be submitted to the Department no later than fifteen (15) days prior to placing any new modified source in operation. Asatisfactory compliance inspection by a Department representativeswill precede the issuanceofan operating permit for any newly constructed or modified source. 

### 4. Enforceable Permit conditions (a) when permit conditions production or operational limits, the permits shall have monitorine and/or recordkeeping requirements that allowthe Department tover1fy a source's compliancewith the limitations. (b) When permit conditions require an add-on air pollution control device to be operated ata specified efficiency level the permit shall have monitoring and recordkeeping requirements that allow the Department toensure the add-on air pollution control device's performance on a short term basis.**(c~** 

### The time period over which a permit limitation on product1on oroperation extends will be as shortas possible.**~or** 

### the purpose ofdetermining compliance, permit limitationswill 1n general not exceed one month and shall not exceed an annual limit with a rolling monthly average or sum. (d) Stationary sources thatdesire or are required to conduct performance tests toverifyemissions limitations, shall submit a test protocol that includes testmethodology and procedures. The test protocol shall be approved by the Department priorto conducting the performance test. The source shall notifythe Department at least 60 calendar days prior to the performance test date to allow a**De~artment** 

### representative an ORportunityto be present atthe performance test. The report ofthe performance test results shall be submitted tothe Department not later than 30 calendar days from the test date, and the results shall be approved by the Department. Upon written request by the applicant the Department may grant an extension to submit test results beyond the 30-day requirement on a case-by-case basis. The Department shall determine ifan extension iswarranted based upon the complexity of thetesting being conducted and the amount ofdataexpected to be generated. (e) An hourly emission limit shall be sufficient onlyifthe permit condition(s) require the installation, calibration, maintenance, and operation ofa continuous emission monitor (CEM) system, orany othermonitoring approved by the Department. All monitoring data shall be defined and recorded for showing compliancewith emission limit(s). (f) The limitations and requirements listed as enforceable permit conditions shall be permanent, quantifiable, or otherwise enforceableas a practical matter.**(g~** 

### All permit conditions that constrain theoperation ofa source 1n an effortto limit potential toemit shall be federally enforceable. unlessothenHise agreed by the Department and EPA, theDepartment shall provide to EPA on a timely basis a copy of each proposed (ordraft) and final permit intended tobe federally enforceable. 5. Public Participation Procedures (a) Public notice shall be given by publication in a newspaper**~f** 

### general circulation in the areawhere the source is located or 1n the state Register and to persons on a mailing list developed by theDepartment, including thosewho request inwriting to be on the list.(b) The notice shall identifythe affected source: the name and address ofthe**~ermittee;** 

### the name and address ofthe Department· the act1vities involved in the permit action; the emission change involved in any permit modification; the name, address, and telephone number ofa person from whom interested persons may obtain additional**information~** 

### including copies ofthe permit draft, the application, and all otnermaterials availableto theDepartment that are relevantto the permit decision, exceptfor information entitled to a confidential treatment (the contents of any proposed or draft permit shall not be treated as confidential information); a briefdescription ofthe comment procedures; and thetime and placeofany public hearing that may be held, including a statement of procedures to request a hearing (unless a hearing has already been scheduled). (c) The Department shall provide at least 30 days for public and EPA comment and shall give notice ofany public hearing at least 30**d~s** 

### in advance ofthe hearing. The Department shall keep a record ofthe commenters and alsoofthe issues raised during the public participation process. The Department shall consider1 and provide a written response to all written comments received DY mail and at the public hearing, within the time specified for the public notice, in making a final decision on the application. (d) Anewly constructedor modified source issued a federally enforceable final construction permit will not require an additional public comment period and/or hearing toobtain an operating permit, unless the source proposes a change in the original construction and/or operational plan, prior tocommencing construction, which the Department determines would require an additional public comment period and/or hearing. (e) Any proposed new ormodified stationary source required to undergo a public comment period shall not commence any construction until all public participation procedures ofthis section are completed, and the source has received an effective construction or operating permit from theDepartment.

hUpJ/IMMN.epa.gOIIregion4/airfsipslsc/reg62-1.hbn 1CY13

### 7/3112014 SouthC..-olinaStaleIIJ"IliemenlationPlan (f) Maintenance activities, repairs and replacements which the Department determines to be routine

### tor that source category shall not, by themselves, be required to undergo the public participation procedures of S.C. Regulation 61-62.1, Section II G(S). 6. Emergency Provisions (a) An "emergency" means any situation arising from the sudden and reasonably unforeseeable events beyond the control ofthe source, including acts of God, in which a situation requires immediate corrective action to restore normal operation, and that causes the sourceto exceed a technology-based emission limitation 

### under the permit, due to unavoidable increasesin emissions attributable to the emergency. An emergency shall not include noncompliance to the extent caused by improperly designed equipment, lack ofpreventative maintenance, careless or improper operation, or operator error. (b) An emergency constitutes an affirmative defense to an action brought for noncompliance with such technology-based emission limitations ifthe conditions below in s.c. Regulation 61- 62.1, section II G{6)(c) are met. (c) The affirmative defense of an emergency shall be demonstrated through properly signed, contemporaneous operating logs, or other relevant evidence that show: (i) An emergency occurred, and the permittee can identify the cause(s) ofthe emergency; (ii) The permitted source was the time the emergency occurred being properly operated; (iii) During the period ofthe emergency1 the permittee took all reasonable steps to minimize levels ofem1ssions that exceeded the emission standards, or other requirements in the permit; and (iv) The permittee 9ave a verbal notification ofthe emergency to the Departmentw1thin 24 hours ofthe time when emission limitationswere exceeded, followed by the written notificationwithin 30 days. This notice shall fulfill the requirements of s.c. Regulation 61-62.1 1 section IIC(3){a) through (h). This notice shall contain a descr1ption ofthe emergency, any steps taken to mitigate emissions, and corrective actions taken. (d) In any enforcement action, the permittee seekingto establish the occurrence of an emergency has the burden ofproof. (e) This provision is in addition to any emergency, or upset provision contained in any applicable requirement.
7. General Permit (a) The Department may, after notice and opportunity for public participation provided under s.c. Regulation 61-62.1 1 section II G{S), issue a general permit covering numerous s1milar sources. Any general permit shall comply with all reguirements applicableto the other conditional major source perm1ts and shall iCentifycriteria by which sources may qualifyfor the general permit. To sources that qualify, the Department shall grant the conditions and terms ofthe general permit. The source shall be subject to enforcement action for operationwithout a valid permit ifthe source is later determined not to qualifyfor the condition and terms ofthe general permit. (b) Qualified sources seeking coverage under a general permit shall apply to the Department for coverage under the terms of a general permit. Without repeating the public participation procedures required under the section**G~S),** the Department may grant a source's request for authorizat1on to operate under a general permit, but such a grant shall be a final permit action for purposes ofjudicial 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 noticemay be made on periodic1 summarized basis covering all facilities receiving author1zation since the last notice.
8. Application Requirements (a) Construction permit applications shall be reviewed and signed by a professional engineer registered to practice in the Stateof south carolina. (b) construction and operating permit**ap~lications** shall provide, as a minimum, the following informat1on: (i) name and address ofthe facility (including street address) name mailing address, and**tele~hone** number ofthe facility1s contact person, and the facility's planned operational schedule; (ii) potential emission calculations and proposed federally enforceable emission limitations for each emission unit atthe facilityverifying that the total emissions at the facility will be below the major source (or plant) thresholds; (iii) identification ofall emission units atthe facility; (iv) complete**descri~tion** including engineering design, removal efficiencyi and operat1on**c~aracteristics,** ofeach existing or proposed air po lution control device or system; (v) all proposed production and/or operational limitations that will constrain the operation ofeach emission unit that are to be identified as federally enforceable; (vi) all proposed monitoring parameters, recordkeeping hUpJ/IMMN.epa.gOIIregion4/airfsipslsc/reg62-1.hbn 

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