South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-62 - Air Pollution Control Regulations and Standards › Subchapter 61-62.70 - TITLE V OPERATING PERMIT PROGRAM › Section 61-62.70.8 - Permit review by EPA and affected States

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Transmission of information to the
				Administrator.
(1) Unless otherwise agreed to
				between the Department and the Administrator, the Department shall provide to
				the Administrator a copy of each permit application (including any application
				for significant or minor permit modification), the statement required by
				Section 70.7(a)(5) (sometimes referred to as the 'statement of basis'), each
				proposed permit, each final Part 70 permit, and, if significant comment is
				received during the public participation process, the written response to
				comments (which must include a written response to all significant comments
				raised during the public participation process on the draft permit and recorded
				under Section 70.7(h)(5)), and an explanation of how those public comments and
				the Department's responses are available to the public. The applicant may be
				required by the Department to provide a copy of the permit application
				(including the compliance plan) directly to the Administrator. Upon agreement
				with the Administrator, the Department may submit to the Administrator a permit
				application summary form and any relevant portion of the permit application and
				compliance plan, in place of the complete permit application and compliance
				plan. To the extent practicable, the preceding information shall be provided in
				a computer-readable format compatible with EPA's national database management
				system.
(i) Where the public participation
				process for a draft permit concludes before the proposed permit is submitted to
				the Administrator, the statement required by Section 70.7(a)(5) (sometimes
				referred to as the 'statement of basis') and the written response to comments,
				if significant comment was received during the public participation process,
				must be submitted with the proposed permit along with other supporting
				materials required in Section 70.8(a)(1), excepting the final permit. The
				Administrator's forty-five (45) day review period for this proposed permit will
				not begin until such materials have been received by the EPA.
(ii) In instances where the Administrator has
				received a proposed permit from the Department before the public participation
				process on the draft permit has been completed, the statement required by
				Section 70.7(a)(5) (sometimes referred to as the 'statement of basis') must be
				submitted with the proposed permit along with other supporting materials,
				required in Section 70.8(a)(1), excepting the final permit and the written
				response to comments. If the Department receives significant comment on the
				draft permit during the public participation process, but after the submission
				of the proposed permit to the Administrator, the Administrator will no longer
				consider the submitted proposed permit as a permit proposed to be issued under
				Section 505 of the Act. In such instances, the Department must make any
				revisions to the permit and permit record necessary to address such public
				comments, including preparation of a written response to comments (which must
				include a written response to all significant comments raised during the public
				participation process on the draft permit and recorded under Section
				70.7(h)(5)), and must submit the proposed permit and the supporting material
				required under Section 70.8(a)(1)(i), excepting the final permit, to the
				Administrator after the public comment period has closed. This later-submitted
				permit will then be considered as a permit proposed to be issued under Section
				505 of the Act, and the Administrator's review period for the proposed permit
				will not begin until all required materials have been received by the
				EPA.