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South Carolina State Implementation Plan

SOUTH CAROLINA
         DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
               AIR POLLUTION CONTROL REGULATIONS
                     REGULATION NUMBER 62.1
   DEFINITIONS, PERMIT REQUIREMENTS, AND EMISSIONS INVENTORY SECTION I DEFINITIONS The following words and phrases when used in the Regulations and
Standards shall for the purpose of these regulations have the
meanings respectively ascribed to them in this section, unless a
different meaning is clearly indicated. This section augments
Section 1 of the South Carolina Pollution Control Act.

1. Acid Mist - Mist or droplets of sulfuric or other  acids. 
Sulfuric acid mist includes sulfur trioxide (SO3) and sulfuric acid
vapor as well as liquid mist.

2. Add - Additions to a process which will increase size, scope or
emissions from such process.

3. Administrator- The Administrator of the United States
Environmental Protection Agency (EPA) or his/her designee.

4. Afterburner - An auxiliary burner for destroying unburned or
partially burned combustion gases after they have passed from the
combustion chamber.

5. Air Curtain Incinerator- A lined or unlined pit for combusting
land clearing waste and/or non-treated or unfinished woodwaste
utilizing a high velocity air curtain for limiting emissions.

6. Alter - Alter means modification or change in a process or
processes which would affect emissions to the atmosphere.

7. Ambient Air Quality Standards - That standard for the quality of
ambient air or beyond a property line on which a source of
pollution is emitting.

8. Application - Means a form provided by the Department which is
prescribed to provide the information required to grant approval to
construct and operate a source or an incinerator; or to report an
existing incinerator.

9. Board - Board means Board of Health and Environmental Control.

10. Boiler - An enclosed device using controlled flame combustion
and having specific characteristics including the following:

     a. The combustion camber and primary energy recovery section
shall be of integral design (e.g. waste heat recovery boilers
attached to incinerators are not boilers).  To be of integral
design, the combustion chamber and the primary energy recovery
sections (such as water walls and super heaters) shall be
physically formed into one manufactured or assembled unit.  A unit
in which the combustion chamber and the primary energy recovery
sections are joined only by ducts or connections carrying flue gas
is not integrally designed: however, secondary energy recovery
equipment( such as economizers or air preheaters) need not
physically be formed into the same unit as the combustion chamber
and the primary energy recovery section.  The following units are
not precluded from boilers solely because they are not integral
design: process (units that transfer energy directly to a process
stream), and fluidized bed combustion units.

     b. At least 75% of recovered energy shall be "exported", i.e.,
not used for internal uses like preheating of combustion air or
fuel, or driving combustion air fans or feedwater pumps.

11. Chemotherapeutic Waste - All waste resulting from the
production or, use of antineoplastic agents used for the purpose of
stopping or reversing the growth of malignant cells. 
Chemotherapeutic waste shall not include any waste containing
antineoplastic agents that are listed as hazardous waste under S.C.
Hazardous Waste Management Regulation 61-79.261.

12. Commissioner - Commissioner means the Commissioner of the
Department of Health and Environmental Control.

13. Conditional major source - A stationary source that obtains a
federally enforceable physical or operational limitation from the
Department to limit or cap the stationary source's potential to
emit to avoid being defined as a major source as defined in S.C.
Regulation 61-62.70, Title V Operating Permit Program.

14. "Continuous program of physical on-site construction" - Means
significant and continuous site preparation work such as major
clearing or excavation followed by placement of footings, pilings,
and other materials of construction, assembly, or installation of
unique facilities or equipment at the site of the source.  With
respect to a change in the method of operating, this term refers to
those on-site activities other than preparatory activities which
mark the initiation of the change.

15. Crematory Incinerator  - Any incinerator designed and used
solely for the burning of human remains or animal remains.

16. Department- Department means the Department of Health and
Environmental Control.

17. Emission Data - The definition contained in 40 CFR 2.301(a)(2),
July 1, 1986, is incorporated by reference.

18. Emission Limitation (and emission standard) - A requirement
established by the State or by the Administrator of the
Environmental Protection Agency which limits the quantity, rate, or
concentration of emissions of air pollutants on a continuous basis,
including any requirements which limit the level of opacity,
prescribe equipment, set fuel specifications, or prescribe
operation or maintenance procedures for a source to assure
continuous emission reduction.

19. Federally enforceable - All limitations and conditions which
are enforceable by the Administrator of the U.S. Environmental
Protection Agency (EPA) and citizens under the Act, including those
requirements developed pursuant to 40 CFR 60 and 61, requirements
within the South Carolina State Implementation Plan (SIP), any
permit requirements established pursuant to 40 CFR 52.21 or under
regulations approved pursuant to 40 CFR 51, Subpart I, including
operating permits issued under an EPA-approved program that
incorporated into the SIP and expressly requires adherence to any
permit issued under such program.

20. Fuel Burning Operation - Use of furnace, boiler, device or
mechanism used principally but not exclusively, to burn any fuel
for the purpose of indirect heating in which the material is being
heated is not contacted by and adds no substance to the products of
combustion.

21.  Fugitive Dust - A type of particulate emission that becomes
airborne by forces of wind, man's activity or both, including but
not limited to, construction sites, tilled land, materials storage
piles, and materials handling.

22. Fugitive Emissions - Air contaminants which escape to the air
not through an exhaust system, but through other means, including
but not limited to, windows, vents, doors, ill-fitting closures or
poorly maintained equipment.

23. Garbage - Animal and vegetable waste resulting from the
handling, preparation, cooking and serving of foods.

24. Hazardous Air Pollutant - A pollutant which is the subject of
National Emission Standards for Hazardous Air Pollutants
promulgated by the United States Environmental Protection Agency by
publication in the Federal Register.

25. Hazardous Waste - Any waste identified as such by South
Carolina Hazardous Waste Management Regulation 61-79.

26. Hazardous Waste Fuel - Hazardous waste that has a heat value
greater than 5000 BTU/lb. And is burned in an industrial or utility
boiler or industrial furnace for energy recovery, except for
hazardous wastes exempted by Section 266.30(b) of South Carolina
Hazardous Waste Management Regulation 61-79.

27. Hazardous Waste Incinerator - An incinerator whose primary
function is to combust hazardous waste, except for devices which
have qualified for exemption as provided in Sections 264.340(b) or
265.340(b) of South Carolina Hazardous Waste Management Regulation
61-79.

28. Incinerator - An engineered device used in the process of
controlled combustion of waste for the purpose of reducing the
volume and/or hazardous potential of the waste charged by
destroying combustible matter leaving the noncombustible ashes or
residue and which does not meet the criteria nor classification as
a boiler nor is listed as industrial furnace.

29. Industrial Boiler - A boiler that produces steam, heated air,
or other heated fluids for use in a manufacturing process.

30. Industrial Furnace - Any of the following enclosed devices that
are integral components of manufacturing processes and that use
controlled flame devices to accomplish recovery of materials or
energy:

a. Cement kilns

b. Lime kilns

c. Aggregate kilns

d. Phosphate kilns

e. Coke ovens

f. Blast furnaces

g. Smelting, melting and refining furnaces(including
pyrometallurgical devices such as cupolas, reverberator furnaces,
sintering machines, roasters, and foundry furnaces)

h. Titanium dioxide chloride process oxidation reactors

i. Methane reforming furnaces

j. Pulping liquor recovery furnaces

k. Combustion devices used in the recovery of sulfur values from
spent sulfuric acid

l. Such other devices as the Department may determine on a case by
case basis using one or more of the following factors:

     i. The design and use of the device primarily to accomplish
recovery of material products;

     ii. The use of the device to burn or reduce raw materials to
make a material product;

     iii. The use of the device to burn or reduce secondary
materials as effective substitutes for raw materials, in processes
using raw materials as principle feedstocks;

     iv. The use of the device to burn or reduce secondary
materials as ingredients in an industrial process to make a
material product;

     v. The use of the device in common industrial practice to
produce a material product; and,

     vi. Other factors, as appropriate.

31. Industrial Incinerator - Any incinerator utilized in an
industrial plant that does not meet the definition for any other
type incinerator or an incinerator used to combust Type 5 or 6
waste at any site.  

32. "In Existence" - Means that the owner or operator has obtained
all necessary construction permits required by this Bureau and
either has (a) begun, or caused to begin, a continuous program of
physical on-site construction of the source or (b) entered into
binding agreements or contractual obligations, which cannot be
canceled or modified without substantial loss to the owner or
operator, to undertake a program of construction of the source to
be completed in a reasonable time, or that the owner or operator
possesses a valid operating permit for the source prior to the
effective date of a regulation or standard.

33. Infectious Waste - Any solid or liquid which contains or are
believed to contain pathogens with sufficient virulence and
quantity that significant exposure to the waste by a  susceptible
host could result in a infectious disease or its infectious
characteristics may: (a) cause or significantly contribute to an
increase in mortality or an increase in serious irreversible or
incapacitating or reversible illness; and/or (b) pose a substantial
present or potential hazard to human health or the environment when
improperly treated, stored, transported, disposed of, or otherwise
managed.
Infectious wastes include, but are not limited to, the following:

     a. Sharps - Any discarded article that may cause puncture or
cuts, including but not limited to: needles, syringes, pasteur
pipettes, lancets, broken glass, and scalpel blades used in patient
care or in medical, research, or industrial laboratories.

     b. Microbiologicals (Cultures and stocks of Infectious Agents
and Associated Biologicals) - Specimen cultures from medical and
pathological laboratories; including but not limited to: cultures
and stocks of infectious agents from research, clinical, and
industrial laboratories; wastes from the production of biologicals,
and discarded live and attenuated vaccines; and culture
dishes/devices used to transfer, inoculate, and mix cultures.

     c. Blood/Blood Products and Body Fluids to which Universal
Precautions apply - All waste bulk unabsorbed human blood, blood
products (i.e., serum, plasma and other blood components) and
visibly bloody body fluids such as suctioned fluids, excretion, and
secretions.  Body fluids to which Universal Precautions apply are
cerebrospinal fluids, synovial fluid, pleural fluid, peritoneal
fluid, pericardial fluid, amniotic fluid, semen, and vaginal
secretions. (MMWR, June 24, 1988/Vol. 37/No. 24).

     d. Pathological Wastes - Including but nit limited to fetuses,
tissues, organs. Limbs, and other body parts removed during surgery
or autopsy, and excluding tissue treated or preserved with
formaldehyde or other preserving agents.

     e. Contaminated Animal Carcasses, Body parts and Bedding -
Exposed to pathogens in research or in the production of
biologicals or in vivo testing of pharmaceuticals.

     f. Isolation Waste from Communicable Disease - Wastes
contaminated with known or potentially infectious materials from
patients with diseases considered communicable and requiring
isolation regardless of the health care delivery site, i.e.
patient's room, surgery, dialysis or other site.

     g. Miscellaneous Contaminated Wastes

          i. Other materials which are designated by written
facility policy as infectious.  This determination is to be made by
the designated responsible person(s) of the facility based on the
belief that the waste presents a significant danger of infection.

          ii. Other materials which are designated by written DHEC
policy as requiring special handling, or as a potential health
threat.  (This may include specific materials, equipment and other
items contaminated with infectious/potentially infectious agents.)

34. "Kraft pulp mill" - Any stationary source which produces pulp
from wood by cooking (digesting) wood chips in a water solution of
sodium hydroxide and sodium sulfide (white liquor) at a high
temperature and pressure.  Regeneration of the cooking chemicals
through a recovery process is also considered part of the kraft
pulp mill.

35. Major Plant - Except as otherwise provided, this term refers to
any plant which directly emits, or has the potential to emit, one
hundred tons per year or more of any regulated air pollutant.

36. Mass Emission Rate - The weight discharged per unit of time.

37. Medical Waste - Wastes generated in any hospital or any health
care facility or any pathological wastes (except for humans and
animal remains burned in a crematory incinerator), chemotherapeutic
wastes or infectious wastes generated in any facility except
private residences.

38. Medical Waste Incinerator - An incinerator designed and
operated to burn municipal waste.

39. Medical Waste Incinerator Facility - Any combination of medical
waste incinerators located on one or more contiguous or adjacent
properties and which is owned or operated by the same person or by
persons under common control.

40. Multiple-Chamber Incinerator - An incinerator consisting of at
least two refractory lined combustion chambers (primary and
secondary) in series, physically separated by refractory walls,
interconnected by gas passage ports or ducts.

41. Municipal Incinerator - An incinerator designed and operated to
burn municipal waste.

42. Municipal Waste - Wastes collected by a public or private
hauler from more than one waste generator, but excluding industrial
types 5 and 6, material approved for an air curtain incinerator,
medical, sewage sludge, radioactive contaminated, and hazardous
wastes.

43. Non-Industrial Boiler - Any boiler not classified as an
industrial boiler.

44. Non-Industrial Furnace - Any furnace not classified as an
industrial furnace.

45. Non-Spec.Oil (Off-Spec.Oil) - See definition of used oil.

46. Opacity - The degree to which emissions reduce the transmission
of light and obscure the view of an object in the background.

47. Open Burning - Any fire or smoke producing process which is not
conducted in any boiler plant, furnace, high temperature processing
unit, incinerator or flare, or in any other such equipment
primarily designed for the combustion of fuel or waste material.

48. PM10 - Particulate matter with an aerodynamic diameter less than
or equal to a nominal 10 micrometers as measured by a reference
method based on Appendix J of 40 CFR 50 and designated in
accordance with 40 CFR 53 or by an equivalent method designated in
accordance with 40 CFR 53, July 1, 1987.

49. PM10 Emissions - Finely divided solid or liquid material with
an aerodynamic diameter less than or equal to a nominal 10
micrometers emitted to the ambient air as measured by a reference
method approved by the Department, with concurrence of the U. S.
Environmental Protection Agency.

50. Part 70 Permit - Any permit or group of permits covering a
source subject to the permitting requirements of S.C. Regulation
61-62.70.  The use of the term "Title V Permit" shall be construed
to mean "Part 70 Permit."

51. Particulate Matter - Any material, except uncombined water,
that exists in a finely divided form as a liquid or solid at
standard conditions.

52. Particulate Matter Emissions - All finely divided solid or
liquid material, other than uncombined water, emitted to the
ambient air as measured by an applicable reference method described
in 40 CFR 60, July 1, 1987, or an equivalent or alternative method
approved by the Department, with the concurrence of the U. S.
Environmental Protection Agency.

53. Plant - Except as otherwise provided, any stationary source or
combination of stationary sources, which is located on one or more
contiguous or adjacent properties and owned or operated by the same
person(s) under common control.

54. Potential to Emit - The maximum capacity of a plant to emit a
regulated pollutant under its physical and operational design.  Any
physical or operational limitation on the capacity of the plant to
emit a regulated 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
treated as part of its design only if the limitation or the effect
it would have on emissions is federally enforceable.  Secondary
emissions do not count in determining the potential to emit of a
plant.

55. Process Industry - Any source engaged in the manufacture,
processing, handling, treatment, forming, storing or any other
action  upon materials except fuel-burning operations.

56. Process Weight - The total weight of all materials introduced
into a source operation, including air and water where these
materials become an integral part of the product, and solids used
as fuels but excluding liquids and gases used solely as fuels.

57. Process Weight Rate - A rate established as follows:

     (a) For contiguous or long-run steady-state source operations,
the total process weight for the entire period of continuous
operation or for a typical portion thereof, divided by the number
of hours of such period or portion thereof.

     (b) For cyclical or batch unit operations, or unit processes,
the total process weight for a period that covers a complete
operation or an integral number of cycles, divided by the hours of
actual process operation during such a period.

Where the nature of any process or operation or the design of any
equipment is such as to permit more than one interpretation of this
definition, the interpretation that results in the minimum value
for allowable emission shall apply.

58. Refuse - Garbage, rubbish and/or trade waste.

59. Retail Business Type Incinerator - An incinerator that combusts
waste typical of a retail business rather than domestic,
commercial, or industrial activities.

60. Rubbish - Solid wastes from residences and dwellings,
commercial establishments, and institutions.

61. Salvage Operations - Any operation of a business, trade, or
industry engaged in whole or in part in salvaging or reclaiming any
product or material including, but not limited to, metals,
chemicals, shipping containers, drums or automobiles.

62. Secondary Emissions - Emissions which would occur as a result
of the construction or operation of a major plant or major
modification, but do not come from the major plant or major
modification itself.  Secondary emissions must be specific, well
defined, quantifiable, and must impact the same general area as the
plant or modification which causes the secondary emissions.  
Secondary emissions may include, but are not limited to:

     (a) emissions from ships or trains moving to or from the new 
or modified plant.

     (b) emissions from any offsite support facility which would
not otherwise be constructed or increase its emissions as a result
of the construction or operation of the major plant or major
modification.

63. Sludge Incinerator - An incinerator that combusts wastes
containing more than 10%(dry weight basis) sewage sludge produced
by municipal or industrial sewage treatment plants.

64.  Smoke - Small gas-borne and airborne particles arising from a
process of combustion in sufficient number to be observable by a
person of normal vision under normal condition.

65. Solid Fuel - A fuel which is fired as a solid such a coal,
lignite and wood.

66. Spec. Oil - See definition of used oil.

67. Stack - Any flue, conduit, chimney, or opening arranged to
conduct an effluent into the open air.

68. Stack Height - The vertical distance measured in feet between
the point of discharge from the stack or chimney into the outdoor
atmosphere and the elevation of the land thereunder.

69. Standard Conditions - 760 millimeters of mercury at 25 
Centigrade.

70.  Stationary Source - Any building, structure, installation or
process which emits or may emit an air pollutant subject to
regulation by any national or state standard.  Use of the term
"source" is to be construed as to mean "stationary source."

71. Substantial loss - Generally means a loss which would exceed 10
percent of the total initial project cost.

72. Synthetic minor plant - A stationary source that obtains a
federally enforceable physical or operational limitation from the
Department to limit or cap the stationary source's potential to
emit to avoid being defined as a major plant or major modification, 
as defined as a major plant or major modification, as defined in
S.C. Regulation 61-62.5, Standard No. 7, Section I, Prevention of
Significant Deterioration ("PSD").

73. The Act - The Clean Air Act, as amended, 42 U.S.C. 7401, et seq

74. "Total reduced sulfur (TRS)" means the sum of the sulfur
compounds hydrogen sulfide, methyl mercaptan, dimethyl sulfide, and
dimethyl disulfide, that are released during the kraft pulping
operation.

75. Total Suspended Particulate (TSP) - Particulate matter as
measured by the method described in Appendix B, 40 CFR 50, July 1,
1987.

76. Trade Waste - All solid, liquid or gaseous material or rubbish
resulting from construction, building operations, or the
prosecution of any business, trade or industry including, but not
limited to, plastic products, cartons, paint, grease, oil and other
petroleum products, chemicals and cinders.

77. Used Oil - Any oil that has been refined from crude oil, used,
and as a result of such use, has been contaminated by physical or
chemical impurities.  Two types of used oil are defined as follows:

     a. Spec. Oil(Specification Oil) - Used oil that meets the
following specifications:*

          (i) Arsenic - 5 ppm maximum

          (ii) Cadmium - 2 ppm maximum

          (iii) Chromium - 10 ppm maximum

          (iv) Lead - 100 ppm maximum

          (v) Nickel - 120 ppm maximum

          (vi) Total halogens - 4000 ppm maximum**

          (vii) Flash point - 100 F (37.8 C) minimum

     * This specification does not apply to used oil fuel mixed
with a hazardous waste.

     ** Used oil containing more than 1000 ppm total halogens is
presumed to be hazardous waste.  The burden of proof that this is
not true rests with the user.

     b. Non-Spec. Oil(Off-Spec. Oil) - Used oil that does not meet
the specification above.

78. Utility Boiler - A boiler that produces steam, heated air, or
other heated fluids for sale or for use in producing electric power
for sale.

79. Virgin Fuel - Unused solid, liquid, or gaseous commercial fuel. 
Also, wood chips or bark that has not been processed other than for
size reduction.

80. Volatile Organic Compound (VOC) - Any organic compound which
participates in atmospheric photochemical reactions; or which is
measured by a reference method (as specified in 40 CFR 60, as of
July 1, 1990), an equivalent method, an alternative method, or
which is determined by procedures specified under subpart of 40 CFR 
 This includes compounds other than the following compounds:

acetone
methane
ethane
methyl chloroform (1,1,1-trichloroethane)
CFC-113 (trichlorotrifluoroethane)
methyl chloride
CFC-11 (trichlorofluoromethane)
CFC-12 (dichlorodifluoromethane)
HCFC-22 (chlorodifluoromethane)
CFC-115 (chloropentafluoroethane)
HCFC-123 (dichlorotrifluoroethane)
HCFC-124 (2-chloro-1,1,1,2-tetra-fluoroethane)
HCFC-134a (tetrafluoroethane)
HCFC-141b (dichlorofluoroethane)
HCFC-142b (chlorodifluoroethane)
HFC-125 (pentafluoroethane)
HFC-134 (1,1,2,2-tetrafluoroethane)
HFC-23 (trifluoromethane)
CFC-114 (dichlorotetrafluoroethane)
HFC-143a (1,1,1-trifluoroethane)
HFC-152a (1,1-difluoroethane)
parachlorobenzotrifluorides (PCBTF)
volatile methyl siloxanes (cyclic, branched, or linear completely
methylated siloxanes(VMS))
perfluorocarbon compounds that fall into these classes
     cyclic, branched, or linear, completely fluorinated alkanes;
     cyclic, branched, or linear, completely fluorinated ethers 
          with no unsaturations;
     cyclic, branched, or linear, completely fluorinated tertiary 
          amines with no unsaturations; and
     sulfur containing perfluorocarbons with no unsaturations and 
          with sulfur bonds only to carbon and fluorine.


These compounds have been determined to have negligible
photochemical reactivity.  For purposes of determining compliance
with emission limits, VOC will be measured by the approved test
methods.  Where such a method also inadvertently measures compounds
with negligible photochemical reactivity, an owner or operator may
exclude these negligible reactive compounds when determining
compliance with an emissions standard.

81. Waste - Used oil, hazardous waste fuel, hazardous waste,
medical waste, waste fuel, and waste classification Types 0 through
6.

     a. Type 0 - Trash, a mixture of highly combustible waste such
as paper, cardboard, wood boxes, and combustible floor sweepings,
from commercial and industrial activities.  The mixture contains up
to 10% by weight of plastic bags, coated paper, laminated paper,
treated corrugated cardboard, oily rags and plastic or rubber
scraps.

Typical combustion: 10% moisture, 5% incombustible solids and has
a heating value of approximately 8500 BTU per pound as fired.


     b. Type 1 - Rubbish, a mixture of combustible waste such as
paper, cardboard cartons, wood scrap, foliage and combustible floor
sweepings, from domestic, commercial and industrial activities. 
The mixture contains up to 20% by weight of restaurant or cafeteria
waste, but contains little or no treated papers, plastic, or rubber 
wastes.

Typical combustion: 25% moisture, 10% incombustible solids, and has
a heating value of approximately 6500 BTU per pound as fired.

     c. Type 2 - Refuse, consisting of an approximately even
mixture of rubbish and garbage by weight.  This type of waste is
common to apartment and residential occupancy.


Typical combustion: up to 50% moisture, 7% incombustible solids,
and has a heating value of approximately 4300 BTU per pound as
fired.

     d. Type 3 - Garbage consisting of animal and vegetable wastes
from restaurants, cafeterias, hotels, hospitals, markets, and like
installations.


Typical combustion: up to 70% moisture, up to 5% incombustible
solids, and has a heating value of approximately 2500 BTU per pound
as fired.

     e. Type 4 - Human and animal remains, consisting of carcasses,
organs and solid organic wastes from hospitals, laboratories,
abattoirs, animal pounds, and similar sources.


Typical combustion: up to 85% moisture, 5% incombustible solids,
and has a heating value of approximately 1000 BTU per pound as
fired.

     f. Type 5 - By-product waste, gaseous, liquid or semi-fluid,
such as tar, paints, solvents, sludge, fumes, etc., from industrial
operations.  BTU values shall be determined by the individual
materials to be destroyed.

     g. Type 6 - Solid by-product waste, such as rubber, plastics,
wood waste, etc., from industrial operations.  BTU values shall be
determined by the individual materials to be destroyed.

82.  Waste Fuel - Waste that does not meet hazardous waste criteria
nor any other waste criteria but has a heat value greater than 5000 
BTU/lb.











_____________________________________________________________

THIS IS THE FEDERALLY APPROVED REGULATION AS OF JULY 2, 1990

               Date Submitted     Date Approved     Federal
               to EPA             by EPA            Register

Original Reg:  JAN 21, 1972       MAY 31, 1972      37 FR 10841
1st Revision:  DEC 20, 1978       JAN 29, 1980      45 FR 6572 
2nd Revision:  JUN 3, 1989        DEC 16, 1981      46 FR 61268
3rd Revision:  MAR 3, 1983        OCT 31, 1983      48 FR 50078
4th Revision:  JUN 11, 1986       MAY 28, 1987      52 FR 19858
5th Revision:  JUN 05, 1985       OCT 03, 1989      54 FR 40660
6th Revision:  APR 29, 1988       OCT O3, 1989      54 FR 40662
7th Revision:  MAR 16, 1989       JUL 02, 1990      55 FR 27226 Section II - PERMIT REQUIREMENTS A. Construction Permit

     1.  Applicability

     a.  Any person who plans to construct, alter or add to a
source of air contaminants, including the installation of any
device for the control of air contaminant discharges, shall first
obtain a construction permit from the Department.  The Department
may grant permission to proceed with minor alterations or additions
without issuance of a permit when the Department determines that
the alteration or addition will not affect the quantity or
character of the source emission.

     b.  This regulation will not supersede any State or Federal
requirements including but not limited to Federal New Source
Performance Standards, National Emission Standards for Hazardous
Air Pollutants, Federal or State Prevention of Significant
Deterioration Regulations, Hazardous Wastes Management regulations,
nor special permit conditions, unless this regulation would impose
a more restrictive emission limit.

     2. Permit Application

        Construction permit applications shall be reviewed and
signed by a professional engineer registered to practice in the
State of South Carolina and shall provide, as minimum, the
following information.

     a. The name and location of the plant and its planned
operating schedules;

     b. Sufficient description including physical and chemical
properties of materials and necessary for the Department to
determine actual and potential emissions;

     c. Identification of all emissions points;

     d. A description, including physical and chemical properties
of all emissions;

     e. A complete description including engineering design and
operating characteristics of any air pollution control device or
system that is to be installed;

     f. Source information and calculations to demonstrate
compliance with "Good Engineering Practice Stack Height" rules; and

     g. Other information as may be necessary for proper evaluation
of the proposed source as determined by the Department.

Package-type incinerators of 750 pounds/hr rated capacity or
smaller which burn types 0 and 1 wastes as defined by the
Incinerator Institute of America and package-type boilers of 100 x
106 BTU/hr input capacity or smaller which burn natural gas or oil
as fuel are exempt from the requirements that the construction
permit applications be prepared and submitted by a registered
professional engineer provided the proposed unit is identical to a
prototype model which has been previously designed or otherwise
certified by a professional engineer.

     3. No permit to construct or modify a source will be issued if
emissions interfere with attainment or maintenance of any state or
federal standard.

B. Operating Permit

     1. Original

     A written request to obtain an operating permit shall be
submitted to the Department no later than fifteen (15) days prior
to placing any new, increased or altered source into operation.

     2. Renewal 
     
     Prior to the expiration date of a source's operating permit,
the source will be inspected by the Department in order to decide
whether to renew the permit.  This past record of compliance and
future probability of compliance will be given appropriate weight
in making the decision regarding renewal.

     Any special condition in a permit should be verified during
the inspection and specifically mentioned in the report.  Any
additional provisions that the inspector believes warrants
inclusion in the renewed permit are to be clearly and concisely
stated in the inspection report.

C. Standard Permit Conditions

All permits shall contain, in addition to such special conditions
as the Department finds appropriate, the following standard
conditions:

1. No applicable law, regulation, or standard will be contravened;

2. All official correspondence, plans, permit application forms and
written statements are an integral part of the permit; and

3. For sources not required to have continuous emission monitors,
any malfunction of air pollution control equipment or system,
process upset or other equipment failure which results in greater
discharges of air contaminants than were described for normal
operation in the permit application shall be reported to the
Department within twenty-four hours after the beginning of the
occurrence and a written report submitted to the Department within
thirty (30) days.  The written report shall include, as a minimum,
the following:

     a. The identity of the stack and/or emission point where the
excess emissions occurred;

     b. The magnitude of the excess emissions expressed in the
units of the applicable emission limitation and the operating data
and calculations used in determining the magnitude of the excess
emissions;

     c. The time and duration of the excess emissions;

     d. The identity of the equipment causing the excess emission;

     e. The nature and cause of such excess emissions;

     f. The steps taken to remedy the malfunction and the steps
taken or planned to prevent the recurrence of such malfunction;

     g. The steps taken to limit the excess emissions; and

     h. Documentation that the air pollution control equipment,
process equipment, or processes were at all times maintained and
operated, to the maximum extent practicable, in a manner consistent
with good practice for minimizing emissions.

4. Sources required to have continuous emission monitors will make
quarterly reports as specified in applicable parts of the
Regulations.

D. Exceptions

1. Upon request, the Department may alter operating permits,
compliance schedules, or other restrictions on operation of a
source provided that resulting ambient air concentration levels
will not exceed any national or state ambient air quality standard. 
Factors to be considered by the Department may include, but are not
limited to technology, economics, national energy policy, and
existing air quality.  The request by the source must also show the
following:

     a. Good faith efforts have been made to comply with the state
requirements;

     b. The source is unable to comply with the state requirements
because the necessary technology or other alternative methods of
control are not reasonably available, or have not been available
for a sufficient period of time;

     c. Any available operating procedures, or control measures,
reducing the impact of the source on ambient air concentrations,
have been implemented; and,

     d. The request is submitted in a timely manner.

2. The provisions of this paragraph shall not apply to mass
emission limits which are imposed upon any source by the following
requirements:

     a. Federal New Source Performance Standards;

     b. Federal National Emission Standards for Hazardous Air
Pollutants;

     c. Federal or State Prevention of Significant Deterioration
Regulations; or,

     d. Non-attainment requirements.
 
3. Where a permanent increase in the visible emission limitation
for a source is requested, the source must demonstrate that it will
remain in compliance with the applicable particulate emission
standard.

4. Any alternative compliance schedule shall provide for compliance
with the applicable regulations as expeditiously as practicable;
based on a plan submitted with the request for the alternative
compliance schedule.

5. Any request under this section will be subjected to public
notice and opportunity for a public hearing.  Upon approval by the
Board, the recommendations of the Department shall be sent to the
Administrator of the Federal Environmental Protection Agency, or
his designated representative, for approval or disapproval.

6. Where alternative compliance schedule provisions are contained
elsewhere in the air pollution control regulations, those
provisions shall supersede the requirements in this section.

E. Transfer of Ownership/Operation

     Whenever the ownership/operation of a source has been
transferred, the Bureau shall be notified by the new owner/operator
within thirty (30) days of the transaction.  A transfer of the
operation or construction permit will be effective upon written
approval by the Department.

F. Exemptions.

1. No permits shall be required for the following sources which
burn virgin fuel and which were constructed prior to February 11,
1971 and which are not located at a plant that meets the definition
of a major source as defined in S.C. Regulation 61-62.70.2(r):

     a. Natural gas boilers;

     b. Oil fired boilers of 50,000,000 BTU/HR rated capacity or
smaller; and

     c. Coal fired boilers of 20,000,000 BTU/HR rated capacity or
smaller.

2. No permits shall be required for the following sources, unless
otherwise specified by S.C. Regulation 61-62.70 or any other State
or Federal Requirement.

     a. Boilers and space heating systems of less than 1,500,000
BTU/HR rated capacity;

     b. Comfort air conditioning or ventilation systems;

     c. Motor vehicles;

     d. Laboratory hoods;

     e. Emergency power generators of less than 150 KW rated
capacity, or those which operate 250 hours per year or less and
have a method to record the actual hours of use such as an hour
meter and

     f. Sources emitting only steam, air, nitrogen, oxygen, carbon
dioxide, or any physical combination of these.

     g. Sources with an uncontrolled particulate matter emission
rate of less than 1lb/hr and/or uncontrolled VOC emission rate of
less than 1000 lbs/mo. May not require permits.  However, source
information needs to be submitted to the Department and a
determination on the need for permits will be made.

This determination will take into consideration, but will not be
limited to, the nature and amount of pollutants, location,
proximity to residences and commercial establishments, etc.

     h. Sources whose only emissions are fugitive shall submit
source information, and the need for permit(s) will be made by the
Department on a case by case basis.

This determination will take into consideration, but will not be
limited to, the nature and amount of pollutants, location,
proximity to residences and commercial establishments, etc.

G. Conditional Major Source Permits

     1. General Provisions

     (a) Any stationary source that satisfies the definition of a
major source, as defined by S.C. Regulation 61-62.70.2(r), may
request to use federally enforceable permit conditions and/or
regulation to limit the source's potential to emit and become a
conditional major source.

     (b) Stationary sources requesting a conditional major source
permit shall submit a complete permit application package to the
Department.

     (c) Stationary sources requesting a conditional major source
permit shall undergo the public participation procedures of S.C.
Regulation 61-62.1, Section II G(5).

     (d) The Department shall act on all application for a
conditional major source permit and shall notify the applicant in
writing of its approval, conditional approval, or denial.

     (e) In the event of a denial of a conditional major source
permit application, the Department shall notify the applicant in
writing of the reasons for the denial.  The Department shall not
accept a subsequent conditional major source application until the
applicant has addressed the concerns specified by the Department
which caused the original denial.  The source shall correct all
deficiencies noted by the Department or submit a complete Part 70
permit application in order to receive a State Part 70 permit.

2. Existing Sources

     (a) Any owner or operator desiring to be permitted as a
conditional major source shall submit an operating permit
application containing the information identified in Section II
G(8), below.  A federally enforceable conditional major operating
permit shall constrain the operations of the source such that
potential emissions fall below the applicable levels and therefore
exclude the source from the requirements to have a State Part 70
permit.

     (b) A request for a conditional major source permit shall not
receive relieve a source from the requirement to meet the deadline
for submittal of a Part 70 permit application.

3. New Sources

     (a) Any owner or operator who plans to construct, alter, or
add to a source of air contaminants, including the installation of
any device for the control of air contaminants discharges, and
desires a conditional major source permit shall provide a written
request to the Department for a federally enforceable construction
permit conditioned to constrain the operation of the source, along
with a complete construction permit application package containing
the information identified in Section II G(8), below.  The
construction of the new or modified source shall not commence until
the source has received an effective permit to construct from the
Department.

     (b) A written request to obtain an operating permit shall be
submitted to the Department no later than fifteen (15) days prior
to placing any new modified source in operation.  A satisfactory
compliance inspection by a Department representatives will precede
the issuance of an operating permit for any newly constructed or
modified source.

4. Enforceable Permit Conditions
     (a) When permit conditions production or operational limits,
the permits shall have monitoring and/or recordkeeping requirements
that allow the Department to verify a source's compliance with the
limitations.

     (b) When permit conditions require an add-on air pollution
control device to be operated at a specified efficiency level, the
permit shall have monitoring and recordkeeping requirements that
allow the Department to ensure the add-on air pollution control
device's performance on a short term basis.

     (c) The time period over which a permit limitation on
production or operation extends will be as short as possible.  For
the purpose of determining compliance, permit limitations will in
general not exceed one month and shall not exceed an annual limit
with a rolling monthly average or sum.

     (d) Stationary sources that desire or are required to conduct
performance tests to verify emissions limitations, shall submit a
test protocol that includes test methodology and procedures.  The
test protocol shall be approved by the Department prior to
conducting the performance test.  The source shall notify the
Department at least 60 calendar days prior to the performance test
date to allow a Department representative an opportunity to be
present at the performance test.  The report of the performance
test results shall be submitted to the Department not later than 30
calendar days from the test date, and the results shall be approved
by the Department.  Upon written request by the applicant, the
Department may grant an extension to submit test results beyond the
30-day requirement on a case-by-case basis.  The Department shall
determine if an extension is warranted based upon the complexity of
the testing being conducted and the amount of data expected to be
generated.

     (e) An hourly emission limit shall be sufficient only if the
permit condition(s) require the installation, calibration,
maintenance, and operation of a continuous emission monitor (CEM)
system, or any other monitoring approved by the Department.  All
monitoring data shall be defined and recorded for showing
compliance with emission limit(s).

     (f) The limitations and requirements listed as enforceable
permit conditions shall be permanent, quantifiable, or otherwise
enforceable as a practical matter.

     (g) All permit conditions that constrain the operation of a
source in an effort to limit potential to emit shall be federally
enforceable.  Unless otherwise agreed by the Department and EPA,
the Department shall provide to EPA on a timely basis a copy of
each proposed (or draft) and final permit intended to be federally
enforceable.

5. Public Participation Procedures

     (a) Public notice shall be given by publication in a newspaper
of general circulation in the area where the source is located or
in the State Register and to persons on a mailing list developed by
the Department, including those who request in writing to be on the
list.

     (b) The notice shall identify the affected source; the name
and address of the permittee; the name and address of the
Department; the activities involved in the permit action; the
emission change involved in any permit modification; the name,
address, and telephone number of a person from whom interested
persons may obtain additional information, including copies of the
permit draft, the application, and all other materials available to
the Department that are relevant to the permit decision, except for
information entitled to a confidential treatment (the contents of
any proposed or draft permit shall not be treated as confidential
information); a brief description of the comment procedures; and
the time and place of any public hearing that may be held,
including a statement of procedures to request a hearing (unless a
hearing has already been scheduled).

     (c) The Department shall provide at least 30 days for public
and EPA comment and shall give notice of any public hearing at
least 30 days in advance of the hearing.  The Department shall keep
a record of the commenters and also of the issues raised during the
public participation process.  The Department shall consider, and
provide a written response to all written comments received by mail
and at the public hearing, within the time specified for the public
notice, in making a final decision on the application.

     (d) A newly constructed or modified source issued a federally
enforceable final construction permit will not require an
additional public comment period and/or hearing to obtain an
operating permit, unless the source proposes a change in the
original construction and/or operational plan, prior to commencing
construction, which the Department determines would require an
additional public comment period and/or hearing.

     (e) Any proposed new or modified stationary source required to
undergo a public comment period shall not commence any construction
until all public participation procedures of this section are
completed, and the source has received an effective construction or
operating permit from the Department.

     (f) Maintenance activities, repairs, and replacements which
the Department determines to be routine for that source category
shall not, by themselves, be required to undergo the public
participation procedures of S.C. Regulation 61-62.1, Section II
G(5).

6. Emergency Provisions

     (a) An "emergency" means any situation arising from the sudden
and reasonably unforeseeable events beyond the control of the
source, including acts of God, in which a situation requires
immediate corrective action to restore normal operation, and that
causes the source to exceed a technology-based emission limitation 
under the permit, due to unavoidable increases in emissions
attributable to the emergency.  An emergency shall not include
noncompliance to the extent caused by improperly designed
equipment, lack of preventative maintenance, careless or improper
operation, or operator error.

     (b) An emergency constitutes an affirmative defense to an
action brought for noncompliance with such technology-based
emission limitations if the conditions below in S.C. Regulation 61-
62.1, Section II G(6)(c) are met.

     (c) The affirmative defense of an emergency shall be
demonstrated through properly signed, contemporaneous operating
logs, or other relevant evidence that show:

          (i) An emergency occurred, and the permittee can identify
the cause(s) of the emergency;

          (ii) The permitted source was the time the emergency
occurred being properly operated;

          (iii) During the period of the emergency, the permittee
took all reasonable steps to minimize levels of emissions that
exceeded the emission standards, or other requirements in the
permit; and

          (iv) The permittee gave a verbal notification of the
emergency to the Department within 24 hours of the time when
emission limitations were exceeded, followed by the written
notification within 30 days.  This notice shall fulfill the
requirements of S.C. Regulation 61-62.1, Section II C(3)(a) through
(h).  This notice shall contain a description of the emergency, any
steps taken to mitigate emissions, and corrective actions taken.

     (d) In any enforcement action, the permittee seeking to
establish the occurrence of an emergency has the burden of proof.

     (e) This provision is in addition to any emergency, or upset
provision contained in any applicable requirement.

7. General Permit

     (a) The Department may, after notice and opportunity for
public participation provided under S.C. Regulation 61-62.1,
Section II G(5), issue a general permit covering numerous similar
sources.  Any general permit shall comply with all requirements
applicable to the other conditional major source permits and shall
identify criteria by which sources may qualify for the general
permit.  To sources that qualify, the Department shall grant the
conditions and terms of the general permit.  The source shall be
subject to enforcement action for operation without a valid permit
if the source is later determined not to qualify for the condition
and terms of the general permit.

     (b) Qualified sources seeking coverage under a general permit
shall apply to the Department for coverage under the terms of a
general permit.  Without repeating the public participation
procedures required under the Section G(5), the Department may
grant a source's request for authorization to operate under a
general permit, but such a grant shall be a final permit action for
purposes of judicial review.

     (c) The Department shall provide timely notice to the public
of any authorization given to a facility to operate under the terms
of a general permit.  Such notice may be made on periodic,
summarized basis covering all facilities receiving authorization
since the last notice.

8. Application Requirements

     (a) Construction permit applications shall be reviewed and
signed by a professional engineer registered to practice in the
State of South Carolina.

     (b) Construction and operating permit applications shall
provide, as a minimum, the following information:

          (i) name and address of the facility (including street
address), name mailing address, and telephone number of the
facility's contact person, and the facility's planned operational
schedule;

          (ii) potential emission calculations and proposed
federally enforceable emission limitations for each emission unit
at the facility verifying that the total emissions at the facility
will be below the major source (or plant) thresholds;

          (iii) identification of all emission units at the
facility;

          (iv) complete description, including engineering design,
removal efficiency, and operation characteristics, of each existing
or proposed air pollution control device or system;

          (v) all proposed production and/or operational
limitations that will constrain the operation of each emission unit
that are to be identified as federally enforceable;

          (vi)  all proposed monitoring parameters, recordkeeping
and reporting requirements the applicant will use to determine and
verify compliance with the requested federally enforceable
limitations on a continuous basis.  The applicant shall also
provide the compliance status of these proposed parameters and
requirements at the time of the application submittal; and

          (vii) complete listing of all applicable requirements
(state and federal) that apply to the facility, at the time of the
application submittal; and

          (viii) other information as may be necessary for the
proper evaluation of the existing or proposed facility as
determined by the Department.

     (c)  The permit application for general permits may deviate
from the requirements of Section II G(8)(b) provided that such
application includes all information necessary to determine
qualification for, with, the general permit.

     (d) The permit application requirements of Section II A(2)
shall not superseded.

H. Synthetic Minor Plant Permits

     1. General Provisions

          (a) Any stationary source that is a major plant or major
modification, as defined by S.C. Regulation 61-62.5, Standard No.7,
Section I, may request to use federally enforceable permit
conditions to limit the source's potential to emit and become a
synthetic minor plant.

          (b) Stationary sources requesting a synthetic minor plant
permit shall submit a complete permit application package to the
Department.

          (c)  Stationary sources requesting a synthetic minor
plant  shall undergo the public participation procedures of this
S.C. Regulation 61-62.1, Section II G(5).

          (d) The Department shall act, within a reasonable time,
on an application for a synthetic minor plant permit and shall
notify the applicant in writing of its approval, conditional
approval, or denial.

          (e) In the event of a denial of a synthetic minor plant
permit application, the Department shall notify the applicant in
writing of the reasons for the denial.  The Department shall not
accept a further synthetic minor plant permit application until the
applicant has addressed the concerns specified by the Department,
which caused the denial.  The source shall correct all deficiencies
noted by the Department within 60 calendar days of receiving notice
of the denial, or submit a complete Prevention of Significant
Deterioration (PSD) permit application within 180 calendar days of
receiving notice that the synthetic minor permit application is
denied.

     2. New Sources and Major Modifications

          (a) Stationary sources desiring to be a synthetic minor
plant shall provide a written request to the Department for a
federally enforceable construction permit conditioned to constrain
the operation of the source, along with a completed construction
permit application package to the Department.  The construction of
the new or modified source shall not commence until the source has
received an effective permit to construct.

          (b) A written request to obtain an operating permit shall
be submitted to the Department no later than fifteen (15) days
prior to placing any new or modified source in operation.  A
satisfactory compliance inspection by a Department representative
will precede the issuance of an operating permit for any newly
constructed or modified source.

          (c) The enforceable permit conditions provisions of S.C.
Regulation 61-62.1, Section II G(4), shall apply to synthetic minor
plant permits. (d) The public participation procedures of S.C.
Regulation 61-62.1, Section II G(5), shall apply to synthetic minor
plant permits.

          (e)  The emergency provisions of S.C. Regulation 61-62.1,
Section II G(6), shall apply to synthetic minor plant permits.

          (f) The permit application provisions of S.C. Regulation
61-62.1, Section II G (8), shall apply to synthetic minor plant
permits.

     3. General Permits

          (a) The Department may, after notice and opportunity for
public participation provided under Section G(5), issue a general
permit covering numerous similar sources.  Any general permit shall
comply with all requirements applicable to the other synthetic
minor plant permits and shall identify criteria by which sources
may qualify for the general permit.  To sources that qualify, the 
Department shall grant the conditions and terms of the general
permit.  The source shall be subject to enforcement action for
operation without a valid permit if the source is later determined
not to qualify for the conditions and terms of the general permit.

          (b) Qualified sources seeking coverage under a general
permit shall apply to the Department for coverage under the terms
of a general permit.  Without repeating the public participation
procedures required under Section G(5), the Department may grant a
source's request for authorization to operate under a general
permit, but such a grant shall be a final permit action for
purposes of judicial review.

          (c) The Department shall provide timely notice to the
public of any authorization given to a facility to operate under
the terms of a general permit.  Such notice may be on a periodic,
summarized basis covering all facilities receiving authorization
since the last notice. Section III - EMISSIONS INVENTORY Emissions inventory is a study or compilation of pollutant
emissions.  Emissions inventories are designed to locate air
pollution sources, to define the type and size of sources, to
define the type and amount of emissions from each source, to
determine pollutant frequency and duration, to determine the
relative contributions to air pollution problems of classes of
sources and of individual sources and to determine the adequacy of
regulations and standards.

The emissions inventory for all major plants will be reviewed
annually.  Information required for this review will include, but
is not limited to, the following:

A. Information on fuel burning equipment;

B. Types and quantities of fuel used;

C. Fuel analysis;

D. Exhaust parameters;

E. Control equipment information;

F. Raw process materials and quantities used;

G. Design and normal process rates;

H. Hours of operation;

I. Significant emission generating points or processes;

J. Any desired information listed in 40 CFR 51, Appendix E (July 1,
1986).

Every even calendar year a new updated emission inventory will be
completed by the plant for the previous calendar year and submitted
to the Department by March 31.  All applicable information will be
recorded on the current form for reporting data.

In the intervening calendar years, any change in emission data will
be recorded on the annual compliance inspection report.

The above requirements notwithstanding, an emission inventory may
be required at any time in order to determine the compliance status
of any plant.







________________________________________________________________
THIS IS THE FEDERALLY APPROVED REGULATION AS OF SEPT 11, 1997 

               Date Submitted     Date Approved     Federal
               to EPA             by EPA            Register

Original Reg:  JAN 21, 1972       MAY 31, 1972      37 FR 10841
1st Revision:  DEC 20, 1978       JAN 29, 1980      45 FR 6572
2nd Revision:  JUN 07, 1982       JUL 26, 1982      47 FR 32123
3rd Revision:  MAR 03, 1983       OCT 31, 1983      48 FR 50078
4th Revision:  JUL 11, 1983       OCT 31, 1983      48 FR 50078
5th Revision:  JUN 11, 1986       MAY 28, 1987      52 FR 19858 
6th Revision:  MAR 03, 1989       JUL 02, 1990      55 FR 27226
7th Revision:  SEPT 18, 1990      FEB 04, 1992      57 FR 4158
7th Revision:  JUL 12, 1995       DEC 11, 1995      60 FR 63437
8th Revision:  MAY 06, 1996       SEPT 11, 1997     62 FR 47760 


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