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.52 - Approval process for new and existing affected sources

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Sources subject to section112(j)(j) as of
				  the section112(j)(j) deadline. The requirements of paragraphs (a)(1) and (2) of
				  this section apply to major sources that include, as of the section112(j)(j)
				  deadline, one or more sources in a category or subcategory for which the
				  Administrator has failed to promulgate an emission standard under this part on
				  or before an applicable section112(j)(j) deadline. Existing source MACT
				  requirements (including relevant compliance deadlines), as specified in a title
				  V permit issued to the source pursuant to the requirements of the subpart, must
				  apply to such sources.
(1) The owner or
				  operator must submit an application for a title V permit or for a revision to
				  an existing title V permit or a pending title V permit meeting the requirements
				  of Section63.53(a)(a) by the section112(j)(j) deadline if the owner or operator
				  can reasonably determine that one or more sources at the major source belong in
				  the category or subcategory subject to section112(j)(j).
(2) If an application was not submitted under
				  paragraph (a)(1) of this section and if notified by the permitting authority,
				  the owner or operator must submit an application for a title V permit or for a
				  revision to an existing title V permit or a pending title V permit meeting the
				  requirements of Section63.53(a)(a) within 30 days after being notified in
				  writing by the permitting authority that one or more sources at the major
				  source belong to such category or subcategory. Permitting authorities are not
				  required to make such notification.
(3) The requirements in paragraphs (a)(3)(i)
				  through (ii) of this section apply when the owner or operator has obtained a
				  title V permit that incorporates a case-by-case MACT determination by the
				  permitting authority under section112(j)(g) or has submitted a title V permit
				  application for a revision that incorporates a case-by-case MACT determination
				  under section112(g)(g), but has not submitted an application for a title V
				  permit revision that addresses the emission limitation requirements of
				  section112(g)(j).
(i) When the owner or
				  operator has a title V permit that incorporates a case-by-case MACT
				  determination by the permitting authority under section112(j)(g), the owner or
				  operator must submit an application meeting the requirements
				  ofSection63.53(a)(a) for a title V permit revision within 30 days of the
				  section112(g)(j) deadline or within 30 days of being notified in writing by the
				  permitting authority that one or more sources at the major source belong in
				  such category or subcategory. Using the procedures established in paragraph (e)
				  of this section, the permitting authority must determine whether the emission
				  limitations adopted pursuant to the prior case-by-case MACT determination under
				  section112(j)(g) are substantially as effective as the emission limitations
				  which the permitting authority would otherwise adopt pursuant to
				  section112(g)(j) for the source in question. If the permitting authority
				  determines that the emission limitations previously adopted to effectuate
				  section112(j)(g) are substantially as effective as the emission limitations
				  which the permitting authority would otherwise adopt to effectuate
				  section112(g)(j) for the source, then the permitting authority must retain the
				  existing emission limitations in the permit as the emission limitations to
				  effectuate section112(j)(j). The title V permit applicable to that source must
				  be revised accordingly. If the permitting authority does not retain the
				  existing emission limitations in the permit as the emission limitations to
				  effectuate section112(j)(j), the MACT requirements of this subpart are
				  satisfied upon issuance of a revised title V permit incorporating any
				  additional section112(j)(j) requirements.
(ii) When the owner or operator has submitted
				  a title V permit application that incorporates a case-by-case MACT
				  determination by the permitting authority under section112(g)(g), but has not
				  received the permit incorporating the section112(g)(g) requirements, the owner
				  or operator must continue to pursue a title V permit that addresses the
				  emission limitation requirements of section112(g)(g). Within 30 days of
				  issuance of that title V permit, the owner or operator must submit an
				  application meeting the requirements of Section63.53(a)(a) for a change to the
				  existing title V permit. Using the procedures established in paragraph (e) of
				  this section, the permitting authority must determine whether the emission
				  limitations adopted pursuant to the prior case-by-case MACT determination under
				  section112(g)(g) are substantially as effective as the emission limitations
				  which the permitting authority would otherwise adopt pursuant to
				  section112(j)(j) for the source in question. If the permitting authority
				  determines that the emission limitations previously adopted to effectuate
				  section112(g)(g) are substantially as effective as the emission limitations
				  which the permitting authority would otherwise adopt to effectuate
				  section112(j)(j) for the source, then the permitting authority must retain the
				  existing emission limitations in the permit as the emission limitations to
				  effectuate section112(j)(j). The title V permit applicable to that source must
				  be revised accordingly. If the permitting authority does not retain the
				  existing emission limitations in the permit as the emission limitations to
				  effectuate section112(j)(j), the MACT requirements of this subpart are
				  satisfied upon issuance of a revised title V permit incorporating any
				  additional section112(j)(j) requirements.