S.C. Code Regs. § § 61-62.5.5.2.I

Current through Register Vol. 48, No. 9, September 27, 2024

Section 61-62.5.5.2.I - APPLICABILITY

(A) Except as provided in paragraph (B) of this part, the provisions of this regulation shall apply to any stationary source that emits or has the potential to emit oxides of nitrogen (NO_X) generated from fuel combustion. A stationary source becomes an affected source under this regulation upon meeting one or more of the criteria specified in paragraphs (A)(1), (A)(2), and (A)(3) below:

(1) Any new source that is constructed after June 25, 2004.

(2) Any existing source where a burner assembly is replaced with another burner assembly after the effective date of this regulation, regardless of size or age of the burner assembly to be replaced shall become an existing affected source and is subject to sections (V), (VI), and (VII) below. The replacement of individual components such as burner heads, nozzles, or windboxes does not trigger affected source status.

(3) Any existing source removed from its presently permitted facility (either from in-state or out-of-state) and moved to another permitted facility in-state after the effective date of this regulation shall be considered a new affected source. Any existing sources relocated between permitted facilities within the State under common ownership shall not become an existing affected source until Section I(A)(2) is triggered.

(B) Exemptions:

The following sources are exempt from all requirements of this regulation unless otherwise specified:

(1) Boilers of less than 10 million British thermal unit per hour (BTU/hr) rated input.

(2) Any source that qualifies as exempt under Regulation 61-62.1, II(B)(2) or II(B)(3).

(3) Any source with total uncontrolled potential to emit less than 5 tons per year of NOx.

(4) Any source which has undergone a Best Available Control Technology (BACT) analysis or Lowest Achievable Emission Rate (LAER) for NO_x in accordance with Regulation 61-62.5, Standard No. 7, and 7.1, respectively.

(5) Any stationary internal combustion engine with a mechanical power output of less than two hundred (200) brake horsepower (bhp) or 149kW.

(6) Any device functioning solely as a combustion control device. Waste heat recovery from these combustion control devices shall not be considered primary grounds for exclusion from this exemption.

(7) Any equipment that has NO_x limits pursuant to the requirements of 40 Code of Federal Regulations (CFR) Parts 60, 61, or 63 where such limits are equivalent to, or more stringent than, the requirements of this regulation.

(8) Any source that has NO_x limits pursuant to the requirements of Regulation 61-62.96, where such limits are equivalent to, or more stringent than, the requirements of this regulation.

(9) Any source that has NO_x limits pursuant to the requirements of Regulation 61-62.97, Cross-State Air Pollution Rule (CSAPR) Trading Program, where such limits are equivalent to, or more stringent than, the requirements of this regulation.

(10) Any source that has NO_x limits pursuant to the requirements of Regulation 61-62.99.

(11) Air Curtain Incinerators.

(12) Engines Test Cells and/or Stands.

(13) Portable and temporary internal combustion (IC) engines such as those associated with generators, air compressors, or other applications provided that they fall in the categories listed in 40 CFR Part 89, (Control of Emissions from New and In-Use Nonroad Compression-Ignition Engines), 40 CFR Part 1039 (Control of Emissions from New and In-Use Nonroad Compression-Ignition Engines), and 40 CFR Part 1068 (General Compliance Provisions for Highway, Stationary, and Nonroad Programs).

(14) Combustion sources that operate at an annual capacity factor of ten (10) percent or less per year.

(15) Special use burners, such as startup/shutdown burners, that are operated less than 500 hours a year are exempt from the existing source replacement requirements.

(16) Liquor guns on a recovery boiler are only exempt from the standard requirements in Section IV below.

(17) Portable sources such as asphalt plants or concrete batch plants are considered existing sources only and become existing affected sources when the burner assembly is replaced under Section I(A)(2).

(18) The Department reserves the right to consider any other exemptions from this regulation on a case-by-case basis as appropriate.

S.C. Code Regs. § 61-62.5.5.2.I

Amended by State Register Volume 40, Issue No. 06, eff. 6/24/2016; State Register Volume 44, Issue No. 04, eff. 4/24/2020.