S.C. Code Regs. § § 61-30.B

Current through Register Vol. 48, No. 10, October 25, 2024

Section 61-30.B - Definitions

(1) "Actual Emissions" As pertains to Air Quality Control, the actual rate of emissions in tons per year of any regulated pollutant which was emitted over the preceding calendar year or any other period determined by the department to be representative of normal source operation. Actual emissions must be calculated using the unit's actual operating hours, production rates, and in-place control equipment, types of materials processed, stored, or combusted during the preceding calendar year or such other time period established by the department.

(2) "Actual Flow" means (a) aggregate flow as reported on the Discharge Monitoring Reports submitted for the previous year by Industrial dischargers; (b) flow limit as established by NPDES and ND permits for municipal and other non-industrial domestic dischargers.

(3) "Adjudicatory Hearing" means a trial-type proceeding conducted by the Department pursuant to the Department's Procedures for Contested Cases, as defined in R.61-72.101.

(4) "Administratively Complete" means a determination by the Department that all elements of an application, as specified in the applicable regulation and including but not limited to all required signatures and tender of the application fee, where required, have been received.

(5) "Applicant" means a person who applies for, or who is required to apply for a permit from the Department, or on whose behalf a permit application is made or required.

(6) "Application" means those forms supplied by the Department, properly completed, together with such technical reports, plans and specifications as may be required by statute or regulation to apply for a new permit; to renew an expired permit; or to request a major modification to an existing permit requiring substantial technical review by the Department.

(7) "Consumer Price Index (CPI)" The average of the Consumer Price Index for all-urban consumers published by the U. S. Department of Labor as of the close of the 12-month period ending on August 31 of each calendar year.

(8) "Department" means the Department of Health and Environmental Control.

(9) "Environmental Protection Fund" means a special agency-restricted, interest-bearing account established within the Treasurer's Office in which is deposited all fees as authorized to be collected for the Department's environmental programs.

(10) "Minor activity" As pertains to Coastal Zone Management Program, activities which are noncommercial/nonindustrial in nature and provide personal benefits that have no connection with a commercial/industrial enterprise. These include, but are not limited to, activities to construct such structures as private docks, bulkheads to prevent erosion of individual property, beachfront homes seaward of the baseline, and private boat ramps.

(11) "Major activity" As pertains to Coastal Zone Management Program, any construction activity that is not a minor activity. These include, but are not limited to, activities such as marina construction, construction of docks for commercial endeavors, dredging for navigation channels, pipeline construction, and beach renourishment projects.

(12) "Permit Extension" As pertains to Coastal Zone Management critical area permits, is the extension of an existing permit as allowed pursuant to Section 48-39-150(F) and R.30-4(D).

(13) "Permit" means any permit, license, certificate, registration, plan approval, variance, or other approval issued by or required by the Department or any of its divisions, pursuant to any statute or regulation.

(14) "Permit Reissuance" is the renewal of an existing permit, license, certification or registration at the end of or during the original period of the existing permit, license, certification or registration.

(15) "Permitted Emissions" As pertains to Air Quality, emissions of a regulated pollutant, as specified in a source's air operating permit issued by the Department. Any physical or operational limitation on a source's capacity to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be considered in calculating total emissions.

(16) "Permittee" means any person authorized to conduct any activity or business pursuant to a valid permit issued by or filed with the Department.

(17) "Person" means any individual, trust, firm, public or private corporation or authority, partnership, association or other entity or any group thereof or any officer, employee, or agent thereof, including the State and the federal government and any agency or authority thereof, and including any city, town, county, or district of the State.

(18) "Public Hearing" A proceeding, properly noticed in accordance with applicable state and federal laws, during which comments are received and testimony is taken to establish a record of concern prior to an administrative action by the Department.

(19) "Public Notice" Notice of application or of proposed agency action published in accordance with applicable statutes and regulations.

(20) "Regulated Pollutant" As pertains to Air Quality, means the actual or permitted emissions from a source for each of the following compounds or substances:

(a) Except as provided for under G(2)(c), any pollutant regulated by Regulation 61-62.

(b) Volatile Organic Compounds.

(c) Except as provided for under G(2)(c), any pollutant for which a National Ambient Air Quality Standard has been promulgated.

(d) Any pollutant that is addressed by any standard promulgated under Section111 or 112 of the 1990 Federal Clean Air Act or Regulation Regulation 61-62, Standard No. 8.

(21) "Sources Subject to Fees" As pertains to Air Quality Control, all sources operating under a permit issued by the Department.

(22) "Time Schedules" In accordance with S.C. Code Sections 48-2-70 and 48-39-150, a "schedule of timely review" for purposes of this regulation shall begin when the applicant is notified that the application is administratively complete or within ten days of receipt of the application, whichever comes first; and end when a final decision is rendered. It will include required technical review, required public notice, and end with a final decision by the Department to issue or deny the permit. The time schedule may be tolled or extended in accordance with the conditions stipulated in Section H(1) of this regulation.

(23) "Transfer of permits" As pertains to the Coastal Zone Management Program, means the written permission of the Department transferring a permit from one person to another.

S.C. Code Regs. § 61-30.B