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.56 - Requirements for case-by-case determination of equivalent emission limitations after promulgation of subsequent MACT standard

Current through Register Vol. 48, No. 6, June 28, 2024
(a) If the Administrator promulgates a
				  relevant emission standard that is applicable to one or more affected sources
				  within a major source before the date a permit application under this paragraph
				  (a) is approved, the title V permit must contain the promulgated standard
				  rather than the emission limitation determined under Section63.52, and the
				  owner or operator must comply with the promulgated standard by the compliance
				  date in the promulgated standard.
(b) If the Administrator promulgates a
				  relevant emission standard under section112(d) or (h)(d) or (h) of the Act that
				  is applicable to a source after the date a permit is issued pursuant to
				  Section63.52 or Section63.54, the permitting authority must incorporate
				  requirements of that standard in the title V permit upon its next renewal. The
				  permitting authority must establish a compliance date in the revised permit
				  that assures that the owner or operator must comply with the promulgated
				  standard within a reasonable time, but not longer than 8 years after such
				  standard is promulgated or 8 years after the date by which the owner or
				  operator was first required to comply with the emission limitation established
				  by the permit, whichever is earlier. However, in no event shall the period for
				  compliance for existing sources be shorter than that provided for existing
				  sources in the promulgated standard.
(c) Notwithstanding the requirements of
				  paragraph (a) or (b) of this section, the requirements of paragraphs (c)(1) and
				  (2) of this section shall apply.
(1) If the
				  Administrator promulgates an emission standard under section112(d) or (h)(d) or
				  (h) that is applicable to an affected source after the date a permit
				  application under this paragraph is approved under Section63.52 or
				  Section63.54, the permitting authority is not required to change the emission
				  limitation in the permit to reflect the promulgated standard if the permitting
				  authority determines that the level of control required by the emission
				  limitation in the permit is substantially as effective as that required by the
				  promulgated standard pursuant to Section63.1(e)(e).
(2) If the Administrator promulgates an
				  emission standard under section112(d) or (h)(d) or (h) of the Act that is
				  applicable to an affected source after the date a permit application is
				  approved under Section63.52 or Section63.54, and the level of control required
				  by the promulgated standard is less stringent than the level of control
				  required by any emission limitation in the prior MACT determination, the
				  permitting authority is not required to incorporate any less stringent emission
				  limitation of the promulgated standard in the title V permit and may in its
				  discretion consider any more stringent provisions of the MACT determination to
				  be applicable legal requirements when issuing or revising such a title V
				  permit.
TABLE 1 TO SUBPART B OF PART 63 -- Section 112(J)
								  PART 2 APPLICATION DUE DATES
Due date
MACT standard
10/30/03
Combustion Turbines.
Lime Manufacturing.
Site Remediation.
Iron and Steel Foundries.
Taconite Iron Ore Processing.
Miscellaneous Organic Chemical
Manufacturing (MON). [FN1]
Organic Liquids Distribution.
Primary Magnesium Refining.
Metal Can (Surface Coating).
Plastic Parts and Products (Surface
								  Coating).
Chlorine Production.
Miscellaneous Metal Parts and Products (Surface
								  Coating) (and Asphalt/Coal Tar Application-Metal Pipes). [FN2]
4/28/04
Industrial Boilers, Institutional/Commercial
								  Boilers and
Process Heaters. [FN3]
Plywood and Composite Wood Products.
Reciprocating Internal Combustion Engines.
								  [FN4]
Auto and Light'Duty Truck (Surface
								  Coating).
11/14/05
Industrial Boilers, Institutional/Commercial
								  Boilers, and Process Heaters. [FN5] Hydrochloric Acid Production. [FN6]
[FN1] Covers 23 source categories, see Table 2 to
								  this subpart.
[FN2] Two source categories.
[FN3] Includes all sources in the three
								  categories, Industrial Boilers, Institutional/Commercial Boilers, and Process
								  Heaters that burn no hazardous waste.
[FN4] Includes engines greater than 500 brake
								  horsepower.
[FN5] Includes all sources in the three
								  categories, Industrial Boilers, Institutional/Commercial Boilers, and Process
								  Heaters that burn hazardous waste.
[FN6] Includes furnaces that produce acid from
								  hazardous waste at sources in the category Hydrochloric Acid Production.