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.55 - Maximum achievable control technology (MACT) determinations for affected sources subject to case-by-case determination of equivalent emission limitations

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
				  Requirements for permitting authorities. The permitting authority must
				  determine whether the Section63.53(a)(a) Part 1 and Section63.53(b)(b) Part 2
				  MACT application is complete or an application for a Notice of MACT Approval is
				  approvable. In either case, when the application is complete or approvable, the
				  permitting authority must establish hazardous air pollutant emissions
				  limitations equivalent to the limitations that would apply if an emission
				  standard had been issued in a timely manner under section112(d) or (h)(d) or
				  (h) of the Act. The permitting authority must establish these emissions
				  limitations consistent with the following requirements and principles:
(1) Emission limitations must be established
				  for the equipment and activities within the affected sources within a source
				  category or subcategory for which the section112(j)(j) deadline has
				  passed.
(2) Each emission
				  limitation for an existing affected source must reflect the maximum degree of
				  reduction in emissions of hazardous air pollutants (including a prohibition on
				  such emissions, where achievable) that the permitting authority, taking into
				  consideration the cost of achieving such emission reduction and any non-air
				  quality health and environmental impacts and energy requirements, determines is
				  achievable by affected sources in the category or subcategory for which the
				  section112(j)(j) deadline has passed. This limitation must not be less
				  stringent than the MACT floor which must be established by the permitting
				  authority according to the requirements of section112(d)(3)(A) and (B)(d)(3)(A)
				  and (B) and must be based upon available information.
(3) Each emission limitation for a new
				  affected source must reflect the maximum degree of reduction in emissions of
				  hazardous air pollutants (including a prohibition on such emissions, where
				  achievable) that the permitting authority, taking into consideration the cost
				  of achieving such emission reduction and any non-air quality health and
				  environmental impacts and energy requirements, determines is achievable. This
				  limitation must not be less stringent than the emission limitation achieved in
				  practice by the best controlled similar source which must be established by the
				  permitting authority according to the requirements of section112(d)(3)(d)(3).
				  This limitation must be based upon available information.
(4) The permitting authority must select a
				  specific design, equipment, work practice, or operational standard, or
				  combination thereof, when it is not feasible to prescribe or enforce an
				  equivalent emission limitation due to the nature of the process or pollutant.
				  It is not feasible to prescribe or enforce a limitation when the Administrator
				  determines that hazardous air pollutants cannot be emitted through a conveyance
				  designed and constructed to capture such pollutant, or that any requirement
				  for, or use of, such a conveyance would be inconsistent with any Federal,
				  State, or local law, or the application of measurement methodology to a
				  particular class of sources is not practicable due to technological and
				  economic limitations.
(5) Nothing
				  in this subpart shall prevent a State or local permitting authority from
				  establishing an emission limitation more stringent than required by Federal
				  regulations.