S.C. Code Regs. § § 61-62.70.3

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

Section 61-62.70.3 - Applicability

(a) Part 70 sources. The following sources are subject to the permitting requirements of this Part:

(1) Any major source;

(2) Any source, including an area source, subject to a standard, limitation, or other requirement under Section 111 of the Act;

(3) Any source, including an area source, subject to a standard or other requirement under Section 112 of the Act, except that a source is not required to obtain a permit solely because it is subject to regulations or requirements under Section 112(r)(r) of this Act;

(4) Any affected source under the Title IV Acid Rain Program; and

(5) Any source in a source category designated by the Administrator pursuant to this Section .

(6) Deleted

(b) Source category exemptions.

(1) All sources listed in Section 70.3(b)(4)(a) that are not major sources, affected sources, or solid waste incineration units required to obtain a permit pursuant to Section 129(e)(e) of the Act, shall be exempted by the State from the obligation to obtain a Part 70 permit for 4 years after the effective date of the program or until such time as the Administrator completes a rulemaking to determine how the program should be structured for non-major sources and the appropriateness of any permanent exemptions in addition to those provided for in Section 70.3(a)(b)(4).

(2) In the case of non-major sources subject to a standard or other requirement under either Section 111 or Section 112 of the Act after July 21, 1992, publication, the Administrator will determine whether to exempt any or all such applicable sources from the requirement to obtain a Part 70 permit at the time that the new standard is promulgated.

(3) [Reserved]

(4) The following source categories are exempted from the obligation to obtain a Part 70 permit, but are not exempted from other Department and EPA requirements:

(i) All sources and source categories that would be required to obtain a permit solely because they are subject to Part 60, Subpart AAA - Standards of Performance for New Residential Wood Heaters; and

(ii) All sources and source categories that would be required to obtain a permit solely because they are subject to Part 61, Subpart M - National Emission Standard for Hazardous Air Pollutants for Asbestos, Section 61.145, Standard for Demolition and Renovation.

(c) Emissions units and Part 70 sources.

(1) For major sources, the permitting authority shall include in the permit all applicable requirements for all relevant emissions units in the major source.

(2) For any non-major source subject to the Part 70 program under Section s70.3(a) or (b)(a) or (b), the Department shall include in the permit all applicable requirements that apply to emissions units that cause the source to be subject to the Part 70 program.

(d) Fugitive emissions. Fugitive emissions from a Part 70 source shall be included in the permit application and the Part 70 permit in the same manner as stack emissions, regardless of whether the source category in question is included in the list of sources contained in the definition of major source.

(e) Applicability Determinations. Any person that operates or proposes to operate a particular source or installation may submit a request in writing that the Department make a determination as to whether a particular source or installation is subject to the permit requirements of this regulation. The request must contain such information as is believed sufficient for the Department to make the requested determination. The Department may request any additional information that it needs for purposes of making the determination.

S.C. Code Regs. § 61-62.70.3

Amended by State Register Volume 36, Issue No. 3, eff March 23, 2012 (errata); State Register Volume 37, Issue No. 12, eff December 27, 2013; State Register Volume 43, Issue No. 01, eff. 1/25/2019; State Register Volume 45, Issue No. 11, eff. 11/26/2021.