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w;thin thirty (30) days of the transaction. A transfer of the 

operation or construction permit will be effective upon written 

approval by the Department. 

F. Exemptions, 

1. No ~ermits shall be required for the following sources which 

burn v1rgin fuel and which were constructed prior to Februar¥ 111 1971 and which are not located at a plant that 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 capacity or smaller; and 

c. coal fired boilers of 20,000,000 BTU/HR rated capacity or 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 of less than 1,500,000 BTU/HR rated capacity; 

b. Comfort air conditioning or ventilation systems; 

c. Motor vehicles; 

d. Laboratory hoods; 

~· Emergency power generators of less than 150 KW rated 

capac1ty, or those which operate 250 hours per year or less and 

have a method to record the actual hours of use such as an hour 

meter and 

f. Sources emitting only steam, air, nitrogen, oxygen, carbon 

dioxide, or any physical combination of these. 

g. sources with an uncontrolled particulate matter emission 

rate of less than 1lb/hr and/or uncontrolled voc emission rate of 

less than 1000 lbs/mo. May not require permits. However, source information needs to be submitted to the oecartment and a determination on the need for permits will e made. 

This determination will take into consideration, but will not be 

limited to, the nature and amount of pollutants location, 

proximity to residences and commercial establishments, etc. 

h. sources whose only emissions are fugitive 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 of pollutants location, proximity to 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 limit the 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 II G(5). 

(d) The Department shall act on all application for a conditional major source permit and shall notify the applicant in 

writing of its approval, conditional approval, or denial. 

(e) In the event of a denial of a conditional major source permit application, the Department shall notify the applicant in 

writing of the reasons for the denial. The Department shall not acce~t a subsequent conditional major source apClication until the 

appl1cant has addressed the concerns specified y the Department which caused the original denial. The source shall correct all 

deficiencies noted by the Department 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. A federally enforceable conditional major operating permit shall constrain the operations of the 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) A request for a conditional major source permit shall not 

receive relieve a source from the requirement to meet the deadline 

for submittal of a Part 70 permit application. 

3. New sources 

(a) Any owner or operator who plans to construct, alter, or add to a source of air contaminants, including the installation of 

any device for the control of air contaminants discharges, and 

desires a conditional major source permit shall provide a written 

request to the Department for a federally enforceable construction 

permit conditioned to constrain the operation of the source, along 

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w;th a complete construction permit application package containing the information identified in section 11 G(8), below. 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 an operating permit shall be 

submitted to the Department no later than fifteen (15) days prior to placing any new modified source in operation. A satisfactory compliance inspection by a Department representatives will precede the issuance of an 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 allow the Department to ver1fy a source's compliance with the 

limitations. 

(b) When permit conditions require an add-on air pollution control device to be operated at a specified efficiency level the 

permit shall have monitoring and recordkeeping requirements that 

allow the Department to ensure 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 or operation extends will be as short as possible. ~or 

the purpose of determining compliance, permit limitations will 1n 

general not exceed one month and shall not exceed an annual limit 

with a rolling monthly average or sum. 

(d) Stationary sources that desire or are required to conduct 

performance tests to verify emissions limitations, shall submit a test protocol that includes test methodology and procedures. The 

test protocol shall be approved by the Department prior to 

conducting the performance test. The source shall notify the 

Department at least 60 calendar days prior to the performance test 

date to allow a De~artment representative an ORportunity to be 

present at the performance test. The report of the performance test results shall be submitted to the 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 if an extension is warranted based upon the complexity of 

the testing being conducted and the amount of data expected to be 

generated. 

(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 emission limit(s). 

(f) The limitations and requirements listed as enforceable 

permit conditions shall be permanent, quantifiable, or otherwise 

enforceable as a practical matter. 

(g~ All permit conditions that constrain the operation of a source 1n an effort to limit potential to emit shall be federally enforceable. unless othenHise 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. 

5. Public Participation Procedures 

(a) Public notice shall be given by publication in a newspaper ~f general circulation in the area where the source is located or 1n the state Register and to persons on a mailing list developed by the Department, including those who request in writing to be on the 

list. 

(b) The notice shall identify the affected source: the name and address of the ~ermittee; the name and address of the 

Department· the act1vities 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 otner materials available to 

the Department that are relevant to the permit decision, except for 

information entitled to a 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). 

(c) The Department shall provide at least 30 days for public and EPA comment and shall give notice of any public hearing at 

least 30 d~s in advance of the hearing. The Department shall keep a record of the commenters and also of the issues raised during the 

public participation process. The Department shall 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) 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. 

(e) 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. 

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(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 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. 

(b) An emergency constitutes an affirmative defense to an action brought for noncompliance with such technology-based emission limitations if the 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) of the emergency; 

(ii) The permitted source was the time the emergency occurred being properly operated; 

(iii) During the period of the emergency 1 the permittee took all reasonable steps to minimize levels of em1ssions that 

exceeded the emission standards, or other requirements in the 

permit; and 

(iv) The permittee 9ave a verbal notification of the 

emergency to the Department w1thin 24 hours of the time when 

emission limitations were exceeded, followed by the written 

notification within 30 days. This notice shall fulfill the 

requirements of s.c. Regulation 61-62.1 1 section II C(3){a) through (h). This notice shall contain a descr1ption of the emergency, any 

steps taken to mitigate emissions, and corrective actions taken. 

(d) In any enforcement action, the permittee seeking to 

establish the occurrence of an emergency has the burden of proof. 

(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 applicable to the other conditional major source perm1ts and shall 

iCentify criteria by which sources may qualify for the general permit. To sources that qualify, the Department shall grant the 

conditions and terms of the general permit. 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 condition 

and terms of the 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 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 periodic 1 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 

State of south carolina. 

(b) construction and operating permit ap~lications shall 

provide, as a minimum, the following informat1on: 

(i) name and address of the facility (including street 

address) name mailing address, and tele~hone number of the 

facility

1s contact person, and the facility's planned operational schedule; 

(ii) 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 plant) thresholds; 

(iii) identification of all emission units at the 

facility; 

(iv) complete descri~tion including engineering design, removal efficiencyi and operat1on c~aracteristics, of each existing or proposed air po lution control device or system; 

(v) all proposed production and/or operational limitations that will constrain the operation of each emission unit 

that are to be identified as federally enforceable; 

(vi) all proposed monitoring parameters, recordkeeping 

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