South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-62 - Air Pollution Control Regulations and Standards › Subchapter 61-62.63 - "National Emission Standards for Hazardous Air Pollutants (NESHAP) for Source Categories" › Subpart B - "Requirements for Control Technology Determinations for Major Sources in Accordance With Clean Air Act Sections, Sections 112(g) and 112(j)" › Section 61-62.63.B.40 - Applicability

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Applicability.
				  The requirements of Sections 63.40 through 63.44 of this subpart apply to any
				  owner or operator who constructs or reconstructs a major source of HAPs after
				  the effective date of this subpart unless the major source in question has been
				  specifically regulated or exempted from regulation under a standard issued
				  pursuant to Section 112(d), Section 112(h), or Section 112(j) of the Act and
				  incorporated in another subpart of Part 63, or the owner or operator of such
				  major source has received all necessary air quality permits for such
				  construction or reconstruction project before the effective date of Section
				  112(g)(2)(B) in the State.
(b)
				  Exclusion for electric utility steam generating units. The requirements of this
				  subpart do not apply to electric utility steam generating units unless and
				  until such time as these units are added to the source category list pursuant
				  to section112(c)(5)(c)(5) of the Act.
(c) Relationship to local requirements.
				  Nothing in this subpart shall prevent a local agency from imposing more
				  stringent requirements than those contained in this subpart.
(d) Exclusion for stationary sources in
				  deleted source categories. The requirements of this subpart do not apply to
				  stationary sources that are within a source category that has been deleted from
				  the source category list pursuant to section112(c)(9)(c)(9) of the
				  Act.
(e) Exclusion for research and
				  development activities. The requirements of this subpart do not apply to
				  research and development activities, as defined in Regulation Regulation
				  61-62.63,
				  Section63.41.
(f) Synthetic Minor
				  Provisions. Any "affected source," as defined by Regulation Regulation
				  61-62.63, Section63.41, may
				  request to use federally enforceable permit conditions to limit the source's
				  potential to emit and become a synthetic minor source.
(1) An affected source desiring to be a
				  synthetic minor source shall provide 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. The construction or reconstruction of the source shall not commence
				  until the source has received an effective permit to construct.
(2) The enforceable permit conditions
				  provisions of S.C. Regulation Regulation
				  61-62.1, Section II. E.3 shall
				  apply to synthetic minor source permits.
(3) The public participation procedures of
				  S.C. Regulation Regulation
				  61-62.1, Section II. N shall
				  apply to synthetic minor source permits.
(4) The emergency provisions of S.C.
				  Regulation Regulation
				  61-62.1, Section II. L shall
				  apply to synthetic minor source permits.
(5) The permit application provisions of S.C.
				  Regulation Regulation
				  61-62.1, Section II. E.5 shall
				  apply to synthetic minor source permits.