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South Carolina State Implementation Plan
REGULATION NO. 62.5 STANDARD NO. 7 PREVENTION OF SIGNIFICANT DETERIORATION SECTION I - DEFINITIONS The definitions below and those contained in the South Carolina Pollution Control Act and Regulation 62.1, Section I will apply to this standard. Part A. (1) "Major plant" means: (a) Any of the following plants which emit, or have the potential to emit, 100 tons per year or more of any pollutant subject to regulation under the Federal Clean Air Act: Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input, coal cleaning plants (with thermal dryers), kraft pulp mills, portland cement plants, primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction plants, primary copper smelters, municipal incinerators capable of charging more than 250 tons of refuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants, phosphate rock processing plants, coke oven batteries, sulfur recovery plants, carbon black plants (furnace process), primary lead smelters, fuel conversion plants, sauntering plants, secondary metal production plants, chemical process plants, fossil fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input, petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels, taconite ore processing plants, glass fiber processing plants, and charcoal production plants; (b) Notwithstanding the plant size specified in Section I, Part A.(1)(a) of this standard, any plant which emits, or has the potential to emit, 250 tons per year or more of any air pollutant subject to regulation under the Federal Clean Air Act; or (c) Any physical change that would occur at a plant not otherwise qualifying under Section I, Part A.(1) as a major plant, if the change would constitute a major plant by itself. (2) A major plant that is major for volatile organic compounds shall be considered major for ozone. Part B. (1) "Major modification" means any physical change in or change in the method of operation of a major plant that: (a) would cause, by itself, a significant emissions increase from the plant of any pollutant subject to regulation under the Federal Clean Air Act. (b) would result in a significant net emissions increase from the plant of any pollutant subject to regulation under the Federal Clean Air Act. (2) Any net emissions increase that it significant for volatile organic compounds shall be considered significant for ozone. (3) A physical change or change in the method of operation shall not include: (a) Routine maintenance, repair and replacement; (b) Use of an alternative fuel or raw material by reason of an order under sections 2(a) and (b) of the Federal Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan pursuant to the Federal Power Act; (c) Use of an alternative fuel by reason of an order or rule under section 125 of the Federal Clean Air Act; (d)Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste; (e) Use of an alternative fuel or raw material by a plant which: (i) The plant was capable of accommodating before January 6, 1975, unless such change would be prohibited under any federally enforceable permit condition which was established after January 6, 1975, pursuant to Federal Prevention of Significant Deterioration (PSD) Regulations or under federally approved regulations; or (ii) Theplant is approved to use anypermit issued under Federal PSD Regulationsor under federally approved State PSD Regulations; (f) An increase in the hours of operation or in the production rate, unless such change would be prohibited under any federally enforceable permit condition which was established after January 6, 1975, pursuant to Federal PSD Regulations or under federally approved state regulations; (g) Any change in ownership at a plant. Part C. (1) "Net emissions increase" means the amount by which the sum of the following exceeds zero: (a) Any increase in actual emissions from a particular physical change or change in method of operation at a plant; and, (b) Any other increases and decreases in actual emissions at the plant that are contemporaneous with the particular change and are otherwise creditable. (2) An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs between: (a) The date five years before construction on the particular change commences; and, (b) The date that the increase from the particular change occurs. (3) An increase or decrease in actual emissions is creditable only if the Department has not relied on it in issuing a permit for the plant under this section, which permit is in effect when the increase in actual emissions from the particular change occurs. (4) An increase or decrease in actual emissions of sulfur dioxide, particulate matter or nitrogen oxides which occurs before the applicable minor source baseline date is creditable only if it is required to be considered in calculating the amount of maximum allowable increases remaining available. With respect to particulate matter, only PM-10 emissions can be used to evaluate the net emissions increase for PM-10. (5) An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level. (6) A decrease in actual emissions is creditable only to the extent that: (a) The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions; (b) It is federally enforceable at and after the time that actual construction on the particular change begins; and, (c) It is approximately the same qualitatively significance for public health and welfare as that attributed to the increase from the particular change. (7) An increase that results from the physical change at a plant occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days. Part D. "Potential to emit" means the maximum capacity of a plant to emit a pollutant under its physical and operational design. Any physical or operational limitations on the capacity of the plant 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 treated as part of its design 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. Part E. "Plant" means any building, structure, or installation which emits or may emit any air pollutant subject to regulation under the Federal Clean Air Act. Part F. "Building, structure, plant, or installation" mains all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control). Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same "Major Group" (i.e., which have the same first two digit code) as described in the STANDARD INDUSTRIAL CLASSIFICATION MANUAL, 1972, as amended by the 1977 Supplement (U.S. Government Printing Office stock numbers 4101-0066 and 003- 005-00176-0, respectively). Part G. "Emissions unit" means any part of a plant which emits or would have the potential to emit any pollutant subject to regulation under the Federal Clean Air Act. Part H. "Construction" means any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or modification of an emissions unit) which would result in a change in actual emissions. Part I. "Commence" as applied to construction of a major plant or major modification means that the owner or operator has all necessary preconstruction approvals or permits and either has: (1) Begun, or caused to begin, a continuous program of actual on- site construction of the plant, to be completed within a reasonable time; or, (2) 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 actual construction of the plant to be completed within a reasonable time. Part J. "Necessary preconstruction approvals or permits" means those permits or approvals required under federal air quality control laws and regulations and those air quality control laws and regulations which are part of the federally approved South Carolina State Implementation Plan. Part K. "Begin actual construction" means, in general, initiation of physical on-site construction activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying underground pipework and construction of permanent storage structures. With respect to a change in methods of operation, this term refers to those on-site activities, other than preparatory activities, which mark the initiation of the change. Part L. "Best available control technology" means an emissions limitation (including a visible emission standard) based on the maximum degree of reduction for each pollutant subject to regulation under the Federal Clean Air Act which would be emitted from any proposed major plant modification which the Department, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines if achievable for such plant or modification through application of production processes or available methods, systems, and techniques including fuel cleaning or treatment or innovative fuel combustion techniques including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant. In no event shall application of best available control technology result in emissions of any pollutant which would exceed the emissions allowed by any applicable standard under Federal New Source Performance Standards or National Emission Standards for Hazardous Air Pollutants (under 40 CFR Part 60 and 61 as amended July 1, 1986). If the Department determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application of best available control technology. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice or operation, and shall provide for compliance by means which achieve equivalent results. Part M. (1) "Baseline concentration" means that ambient concentration level which exits in the baseline area at the time of the applicable baseline date. A baseline concentration is determined for each pollutant for which a baseline date is established and shall include: (a) The actual emissions representative of plants in existence on the applicable baseline date, except as provided in Section I, Part M.; (b) The allowable emissions of major plants which commenced construction before January 6, 1975, but were not in operation by the applicable baseline date. (2) The following will not be included in the baseline concentration and will affect the applicable maximum allowable increase(s): (a) Actual emissions from any major plant on which construction commenced after January 6, 1975; and, (b) Actual emissions increases and decreases at any plant occurring after the baseline date. Part N. (1) "Major source baseline date" means: (a) In the cae of particular matter and sulfur dioxide, January 6, 1975, and (b) In the case of nitrogen dioxide, February 8, 1988. (2) "Minor Source baseline date" means the earliest date after the trigger date on which a major stationary source or a modification subject to State or Federal PSD Regulations submits a complete application under the relevant regulations. The trigger date is: (a) In the case of particular matter and sulfur dioxide, August 7, 1977, and: (b) In the case of nitrogen dioxide, February 8, 1988. (3) Any minor source baseline date established originally fopr the TSP increments shall remain in effect and shall apply for purposes of determining the amount of available PM-10 increments, except that the Department may rescind any such minor source baseline date where it can be shown, to the satisfaction of the Department, that the emissions increase from the major stationary source, or the net emissions increase from the major modification, responsible for triggering that date did not result in a significant amount of PM-10 emissions. Part O. "Baseline area" means any intrastate (and every part thereof) designated as attainment or unclassifiable under section 107(d)(1)(D) or (E) of the Federal Clean Air Act in which the major plant or major modification establishing the baseline date would construct or would have an air quality impact equal to or greater than 1 ug/m 3 (annual average) of the pollutant for which the baseline date is established. (2) Area redesignations under section 107 (d)(1)(D) or (E) of the Federal Clean Air Act cannot intersect or be smaller than the area of impact of any major stationary source or major modification which: (a) Establishes a minor source baseline date; or (b) Is subject to 40 CFR 52.21 (July 1, 1993) or under regulations approved pursuant to 40 CFR 52.166 (July 1, 1993). (3) Any baseline area established originally for the TSP increments shall remain in effect and shall apply for purposes of determining the amount of available PM-10 increments, except that such baseline area shall not remain in effect if the permit authority rescinds the corresponding minor source baseline date in accordance with Part N (1)(c) above. Part P. "Allowable emissions" means the emissions rate of a plant calculated using the maximum rated capacity of the plant (unless the plant is subject to federally enforceable limits which restrict the operating rate, or hours of operation, or both) and the most stringent of the following: (1) The applicable standards as set forth in Federal New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants; (2) The South Carolina State Implementation Plan emissions limitation, including those with a future compliance date; or (3) The emissions rate specified as a federally enforceable permit condition, including those with a future compliance date. Part Q. "Secondary emissions" means 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. For the purpose of this section, secondary emissions must be specific, well defined, quantifiable, and impact the same general area as the plant or modification which causes the secondary emissions. Secondary emissions may include, but are not limited to: (1) Emissions from ships or trains coming to or from the new or modified plant; and (2) Emissions from any offsite support operation 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. Part R. "Innovative control technology" means any system of air pollution control that has not been adequately demonstrated in practice, but would have a substantial likelihood of achieving greater continuous emissions reduction than any control system in current practice or of achieving at least comparable reductions at lower costs in terms of energy, economics, or nonair quality environmental impacts. Part S. "Fugitive emissions" means those emissions which could not reasonably pass through a stack, chimney, vent, roof monitor, or other functionally equivalent opening. Part T. (1) "Actual emissions" means the actual rate of emissions of a pollutant from an emissions unit, as determined in accordance with paragraphs (2)-(4) below. (2) In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during a two-year period which precedes the particular date and which is representative of normal plant operation. The Department shall allow the use of a different time period upon a determination that it is more representative of normal plant operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period. (3) The Department may presume that plant-specific allowable emissions for the unit are equivalent to the actual emissions of the unit. (4) For any emissions unit which has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date. Part U. "Complete" means, in reference to an application for a permit, that the application contains all of the information necessary for processing the application. Part V. (1) "Significant" means, in reference to a net emissions increase or the potential of a plant to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates: Pollutant and Emission Rate Carbon monoxide: 100 tons per year (tpy) Nitrogen oxides: 40 tpy Sulfur dioxide: 40 tpy PM10: 15 tpy Particulate matter: 25 tpy Ozone: 40 tpy of volatile organic compounds Lead: 0.6 tpy Asbestos: 0.007 tpy Beryllium: 0.0004 tpy Mercury: 0.1 tpy Vinyl chloride: 1 tpy Fluorides: 3 tpy Sulfuric acid mist: 7 tpy Hydrogen sulfide (H 2 S): 10 tpy Total reduced sulfur (including H 2 S): 10 tpy Reduced sulfur compounds (including H 2 S): 10 tpy (2) "Significant" means, in reference to a net emissions increase or the potential of a plant to emit a pollutant subject to regulation under the Federal Clean Air Act that Section I, Part V. (1) does not list, any emissions rate. (3) Notwithstanding Section I, Part V.(1), "significant" means any emissions rate or any net emissions increase associated with a major plant or major modification, which would construct within 10 kilometers of a Class I area, and have an impact on such area equal to or greater than 1 ug/m 3, (24-hour average). Part W. "Federal Land Manager" means, with respect to any lands in the United States, the Secretary of the department with authority over such lands. Part X. "High terrain" means any area having an elevation 900 feet or more above the base of the stack of a plant. Part Y. "Low terrain" means any area other than high terrain. Part Z. "Indian Reservation" means any federally recognized reservation established by Treaty Agreement, Executive Order, or Act of Congress. Part AA. "Indian Governing Body" means the governing body of any tribe, band, or group of Indians subject to the jurisdiction of the United States and recognized by the United States as possessing power of self-government. Part BB. "Federally Enforceable" means all limitations and conditions which are enforceable by the Administration of the Federal Environmental Protection Agency (EPA), including those requirements developed pursuant to Federal New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants, requirements within the South Carolina State Implementation Plan, and any permit requirements established pursuant to Federal PSD Regulations or under federally approved State PSD Regulations and under federally approved State New Source Review Regulations. Part CC. "Adverse Visibility Impairment" means visibility impairment which interferes with the management, protection, preservation, or enjoyment of the Federal Class I area, including interference with and impairment of the visitor's visual experience. This determination shall be made on a case-by-case basis taking into account the extent, intensity, and duration of the visibility impairment, the frequency and time of occurrence of the impairment, the correlation between the time of the visitors' use and access to the Federal Class I area, and the frequency of the occurrence and timing of natural conditions. SECTION II. - AMBIENT AIR LIMITS Part A. Ambient air increments. In areas designated as Class I,II, or III, increases in pollutant concentration over the baseline concentration shall be limited to the following: Maximum Allowable Increase (Micrograms per cubic meter) CLASS I Pollutant Particulate matter: PM-10, annual geometric mean ........................4 PM-10, 24-h maximum .................................8 Sulfur dioxide: Annual arithmetic mean ...................... 2 24-h maximum ................................ 5 3-h maximum .................................25 Nitrogen dioxide: Annual arithmetic mean........................2.5 CLASS II Particulate matter: PM-10, annual geometric mean .......................17 PM-10, 24-h maximum ................................30 Sulfur dioxide: Annual arithmetic mean ......................20 24-h maximum ................................91 3-h maximum ................................512 Nitrogen dioxide: Annual arithmetic mean..........................25 CLASS III Particulate matter: PM-10, annual arithmetic mean .......................34 PM-10, 24-h maximum ................................60 Sulfur dioxide: Annual arithmetic mean .....................40 24-h maximum ...............................182 3-h maximum ................................700 Nitrogen dioxide.............................50 For any period other than an annual period, the applicable maximum allowable increase may be exceeded during one such period per year at any one location. Part B. Ambient air ceilings. No concentration of a pollutant shall exceed: (1) The concentration permitted under the national secondary ambient air quality standard, or (2) The concentration permitted under the national primary ambient air quality standard, whichever concentration is lowest for the pollutant for a period of exposure. Part C. Restriction on area classifications. (1) Cape Romain Wilderness Area as it existed on August 7, 1977 shall be Class I and may not be redesignated. (2) Any other area, unless otherwise specified in the legislation creating such an area, is initially designated Class II, but may be redesignated as provided in Section II, Part E. of this standard. (3) The following area as it existed on August 9, 1977 may be redesignated only as Class I or II: Congaree Swamp National Monument (4) A national park or national wilderness area established after August 7, 1977, which exceeds 10,000 acres in size may be redesignated only as Class I or III. Part D. Reserved Part E. Redesignation. All areas of South Carolina (except as otherwise provided under Section II, Part C. of this standard) are designated Class II as of December 5, 1974. Redesignation (except as otherwise precluded by Section II, Part C. of this standard) may be proposed by the Department or Indian Governing Bodies, as provided in Federal PSD Regulations, subject to approval as a revision to the federally approved State Implementation Plan. SECTION III - REVIEW OF MAJOR PLANTS AND MAJOR MODIFICATIONS -- APPLICABILITY AND EXEMPTIONS. Part A. No plant or modification to which the requirements of Section IV of this standard apply shall begin to actual construction without a permit which states that the plant or modification would meet those requirements. The Department has authority to issue any such permit. Part B. The requirement of Section IV of this standard shall apply to any major plant or major modification with respect to each pollutant subject to regulation under the Federal Clean Air Act that it would emit, except as this section otherwise provides. Part C. The requirements of Section IV of this standard apply only to any major plant or major modification that would be constructed in an area designated as attainment or unclassifiable under section 107(d)(1)(D) or (E) of the Federal Clean Air Act. Part D. The requirements of Section IV of this standard shall not apply to a particular major plant or major modification, if; (1) Construction commenced on the plant or modification before August 7, 1977. The Federal PSD Regulations as in effect before August 7, 1977, shall govern the review and permitting of any such plant or modification; or (2) The plant or modification was subject to the review requirements of Federal PSD Regulations as in effect before March 1, 1978, and the owner or operator: (a) Obtained under Federal PSD Regulations a final approval effective before March 1, 1978; (b) Commenced construction before March 19, 1979; and (c) Did not discontinue construction for a period of 18 months or more and completed construction within a reasonable time; or (3) The plant or modification was subject to Federal PSD Regulations as in effect before March 1, 1978, and the review of an application for approval for the plant or modification under Federal PSD Regulations would have been completed by March 1, 1978, but for an extension of the public comment period pursuant to a request for such an extension. In such a case, the application shall continue to be processed, and granted or denied, under Federal PSD Regulations as in effect prior to March 1, 1978; or (4) The plant or modification was not subject to Federal PSD Regulations as in effect before March 1, 1978 and the owner or operator; (a) Obtained all final federal, state and local preconstruction approvals or permits necessary under the South Carolina State Implementation Plan before March 1, 1978; (b) Commenced construction before March 19, 1979; and (c) Did not discontinue construction for a period of 18 months or more and completed construction within a reasonable time; or (5) The plant or modification was not subject to Federal PSD Regulations as in effect on June 19, 1978 or under the partial stay of regulations published on February 5, 1980 (Federal Register Volume 45, Page 7800) and the owner or operator: (a) Obtained all final federal, state and local preconstruction approvals or permits necessary under the South Carolina State Implementation Plan before August 7, 1980; (b) Commenced construction within 18 months from August 7, 1980, or any earlier time required under the South Carolina State Implementation Plan; and (c) Did not discontinue construction for a period of 18 months or more and completed construction within a reasonable time; or (6) The plant or modification was subject to the review requirements of Standard No. 7 with respect to particulate matter as in effect before July 31, 1987; (a) The owner or operator submitted an application for a permit under those Regulations before that date; and (b) The Department subsequently determines that the application as submitted was complete with respect to the particulate matter requirements then in effect under those Regulations. Standard No. 7 as in effect before July 31, 1987 shall govern the review and permitting of any such plant or modification; or (7) The plant or modification was not subject to Standard No. 7 with respect to particulate matter as in effect before July 31, 1987 and the owner or operator: (a) Obtained all final Federal, State and local preconstruction approvals or permits necessary under the South Carolina State Implementation Plan before July 31, 1987; (b) Commenced construction within 18 month after July 31, 1987; (c) Did not discontinue construction for a period of 18 months or more and completed construction within a reasonable time; or (8) The plant or modification would be a nonprofit health or nonprofit educational institution, or a major modification would occur at such an institution; or (9) The plant or modification would be a major plant or major modification only if fugitive emissions, to the extent quantifiable, are considered in calculating the potential to emit of the plant or modification and the plant does not belong to any of the following categories; (a) Coal cleaning plants (with thermal dryers); (b) Kraft pulp mills; (c)Portland cement plants; (d) Primary zinc smelters; (e) Iron and steel mills; (f) Primary aluminum ore reduction plants; (g) Primary copper smelters; (h) Municipal incinerators capable or charging more than 250 tons of refuse per day; (i) Hydrofluoric, sulfuric, or nitric acid plants; (j) Petroleum refineries; (k) Lime plants; (l) Phosphate rock processing plants; (m) Coke oven batteries; (n) Sulfur recovery plants; (o) Carbon black plants (furnace process); (p) Primary lead smelters; (q) Fuel conversion plants; (r) Sauntering plants; (s) Secondary metal production plants; (t) Chemical process plants; (u) Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input; (v) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; (w) Taconite ore processing plants; (x) Glass fiber processing plants; (y) Charcoal production plants; (z) Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; (aa) Any other plant category which, as of August 7, 1980, is being regulated under section 111 or 112 of the Federal Clean Air Act; or (10) The plant is a portable plant which has previously received a permit under this section, and (a) The owner or operator proposes to relocate the plant and emissions of the plant at the new location would be temporary; and (b) The emissions from the plant would not exceed its allowable emissions; and (c) The emissions from the plant would impact no Class I area and no area where an applicable increment is known to be violated; and (d) Reasonable notice is given to the Department prior to the relocation identifying the proposed new location and the probable duration of operation at the new location. Such notice shall be given to the Department not less than 10 days in advance of the proposed relocation unless a different time duration is previously approved by the Department. Part E. The requirements of Section IV of this standard shall not apply to a major plant or major modification with respect to a particular pollutant if the owner or operator demonstrates that, as to that pollutant, the plant or modification is located in an area designated as nonattainment under section 107 of the Federal Clean Air Act. Part F. The Requirements of Section IV, Parts C., E., and G. of this standard shall not apply to a major plant or major modification with respect to a particular pollutant, if the allowable emissions of that pollutant from a new plant, or the net emissions increase of that pollutant from the modification: (1) Would impact no Class I area and no area where an applicable increment is known to be violated, and (2) Would be temporary. Part G. The requirements of Section IV, Parts C., E. and G. of this standard as they relate to any maximum allowable increase for a Class II area shall not apply to a major modification at a plant that was in existence on March 1, 1978, if the net increase in allowable emissions of each pollutant subject to regulation under the Federal Clean Air Act from the modification after the application of best available control technology would be less than 50 tons per year. Part H. The Department may exempt a plant or modification from the requirements of Section IV, Part E. with respect to monitoring for a particular pollutant if; (1) The emissions increase of the pollutant from the new plant or the net emissions increase of the pollutant from the modification would cause, in any area, air quality impacts less than the following amounts: PM10 -- 10 ug/m3, 24-hour average Carbon monoxide -- 575 ug/m3, 8-hour average; Nitrogen dioxide -- 14 ug/m3, annual average; Sulfur dioxide -- 13 ug/m3, 24-hour average; Ozone;2 Lead -- 0.1 ug/m3, 3 month average; Mercury -- 0.25 ug/m3, 24-hour average; Beryllium -- 0.0005 ug/m3, 24-hour average; Fluorides -- 0.25 ug/m3, 24-hour average; Vinyl chloride -- 15 ug/m3, 24-hour average; Total reduced sulfur -- 10 ug/m3, 1-hour average; Hydrogen sulfide -- 0.04 ug/m3, 1-hour average; Reduced sulfur compounds -- 10 ug/m3, 1-hour average; or -------------- 2 No de minimis air quality level is provided for ozone. However, any net increase of 100 tons per year or more of volatile organic compounds subject to PSD would be required to perform an ambient impact analysis including the gathering of ambient air quality data. (2) The concentrations of the pollutant in the area that the plant or modification would affect are less than the concentrations listed in Section III, Part H.(1). Part I. Exemptions (1) The requirements for best available control technology in Section IV, Part A. of this standard, plant impact analysis in paragraph K, and the requirements of air quality analyses in Section IV, Part E.(1) shall not apply to a particular plant or modification that was subject to Federal PSD Regulations as in effect on June 19, 1978, if the owner or operator of the plant or modification submitted an application for a permit under those regulations before August 7, 1980, and the Department subsequently determines that the application as submitted before that date was complete. Instead, the requirements at Federal PSD Regulations as in effect on June 19, 1978 apply to any such plant or modification. (2) The requirements in Section IV, Part C(2) shall not apply to a statonary source or modification with respect toany maximum allowable increase for PM-10 if: (i) The owner or operator of the source or modification submitted an application for a permit under this Standard before the provisions embodying the maximum allowable increase for PM-10 took effect on November 25, 1994, and (ii) The Department subsequently determined that the application as submitted before that date was otherwise complete. Instead, the requirements in Section IV, Part C(2) shall apply with respect to the maximum allowable increases for TSP as in effct om the date the application was submitted. Part J. (1) The requirement for air quality monitoring in Section IV, Part E.(1) (b)-(d) of this standard shall not apply to a particular plant or modification that was subject to Federal PSD Regulations as in effect on June 19, 1978, if the owner or operator of the plant or modification submits an application for a permit under this section on or before June 8, 1981, and the Department subsequently determines that the application as submitted before that date was complete with respect to the requirements of the section other than those in Section IV, Part E.(1) (b)-(d) and with respect to the requirements for such analyses at Federal PSD Regulations as in effect on June 19, 1978. Instead, the latter requirements shall apply to any such plant or modification. (2) The requirements for air quality monitoring in Section IV, Part E.(1) (b)-(d) of this standard shall not apply to a particular plant or modification that was not subject to Federal PSD Regulations as in effect on June 19, 1978, if the owner or operator of the plant or modification submits an application for a permit under this section on or before June 8, 1981, and the Department subsequently determines that the application as submitted before that date was complete, except with respect to the requirements in Section IV, Part E.(1) (b)-(d). (3) The requiremenst for air quality monitoring of PM10 in Section IV, Part E may not apply to a particular source or modification when the owner or operator submits an application for a permit under this sectin on or before June 1, 1988; and the Department, with concurrence of USEPA, subsequently determines that the application as submitted before that date was complete, except with respect to the requirements of monitoring particulate matter in 40 CFR 52, July 31, 1987. (4) The requirements for air quality monitoring of PM10 in Section IV, Part E shall apply to a partiuclar source or modification if the owner or operator of the source or modification submits an application for a permit under this Section after June 1, 1988 and no later than December 1, 1988. The data shall have been gathered over at least the period from February 1, 1988 to the date the applciation becomes otherwise complete in accordance with Standard No. 7, August 1, 1987, pertaining to PM10 unless the Department, with the concurrence of USEPA, determines that a complete and adequate analysis can be accomplished with monotoring data over a shorter period (not to be less than 4 months). (5) For any application that becomes complete, except as to the air quality analysis - preapplication analysis requirements of Section IV, Part E(c)(d) pertaining to PM10, after December 1, 1988 and no later than August 1, 1989, the required data shall have been gathered over at least the period from August 1, 1988 to the date the application becomes otherwis complete unless the Department determines that a complete and adequate analysis can be accomplished with monotoring data over a shorter period (not to be less than 4 months). SECTION IV - REVIEW REQUIREMENTS Part A. Control technology review. (1) A major plant or major modification shall meet each applicable emissions limitation under the federally approved State Implementation Plan and each applicable emissions standard and Standard of Performance under Federal New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants. (2) A new major plant shall apply best available control technology for each pollutant subject to regulation under the Federal Clean Air Act that it would have the potential to emit in significant amounts. (3) A major modification shall apply best available control technology for each pollutant subject to regulation under the Federal Clean Air Act for which it would result in a significant net emissions increase at the plant. This requirement applies to each proposed emissions unit at which a net emissions increase in the pollutant would occur as a result of a physical change or change in the method of operation in the unit. (4) For phased construction projects, the determination of best available control technology shall be reviewed and modified as appropriate at the latest reasonable time which occurs no later than 18 months prior to commencement of construction of each independent phase of the project. At such time, the owner or operator of the applicable plant may be required to demonstrate the adequacy of any previous determination of best available control technology for the plant. Part B. Stack heights. (1) The degree of emission limitation required for control of any air pollutant under this standard shall not be affected in any manner by: (a) So much of the stack height of any plant as exceeds good engineering practice, or (b) Any other dispersion technique. (2) Section IV, Part B.(1) of this standard shall not apply with respect to stack heights in existence before December 31, 1970, or to dispersion techniques implemented before then. Part C. Plant impact analysis. The owner or operator of the proposed plant or modification shall demonstrate that all allowable emission increases from the proposed plant or modification, in conjunction with all other applicable emissions increases or reductions (including a secondary emissions), would not cause or contribute to air pollution in violation of: (1) Any national ambient air quality standard in any air quality control region; or, (2) Any applicable maximum allowable increase over the baseline concentration in any area. Part D. Air quality models. (1) All estimates of ambient concentrations required under this section shall be based on the applicable air quality models, data bases, and other requirements specified in the "Guideline on Air Quality Models" EPA 450/2-78-027R (Revised 1986), supplement A (1987), supplement B(1993), and supplement C(1995), (U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Research Triangle Park, N.C. 27711). This document is incorporated by reference . (2) Where an air quality impact model specified in the "Guideline on Air Quality Models" is inappropriate, the model may be modified or another model substituted. Such a change must be subject to notice and opportunity for public comment under Section IV, Part I, of this standard. Written approval of the Department and the Administrator of the EPA must be obtained for any modification or substitution. Part E. Air Quality Analysis. (1) (a) Preapplication analysis. Any application for a permit under this section shall contain an analysis of ambient air quality in the area that the major plant or major modification would affect for each of the following pollutants: (i) For the plant, each pollutant that it would have the potential to emit in a significant amount; (ii) For the modification, each pollutant for which it would result in a significant net emissions increase. (b) With respect to any such pollutant for which no National Ambient Air Quality Standard exists, the analysis shall contain such air quality monitoring data as the Department determines is necessary to assess ambient air quality for that pollutant in any area that the emissions of that pollutant would affect. The Department may, also, require visibility monitoring. (c) With respect to any such pollutant (other than nonmethane hydrocarbons) for which such a standard does exist, the analysis shall contain continuous air quality monitoring data gathered for purposes of determining whether emissions of that pollutant would cause or contribute to a violation of the standard or any maximum allowable increase. The Department may, also, require visibility monitoring. (d) In general, the continuous air quality monitoring data and visibility data that are required shall have been gathered over a period of at least one year and shall represent at least the year preceding receipt of the application, except that, if the Department determines that a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorter than one year (but not to be less than four months), the data that is required shall have been gathered over at least that shorter period. (e) For any application which becomes complete, except as to the requirements of Section IV, Part E. (1) (c) and (d), between June 8, 1981, and February 9, 1982, the data that Section IV, Part E. (1) (c) requires shall have been gathered over at least the period from February 9, 1981, to the data the application becomes otherwise complete, except that: (i) If the plant or modification would have been major for that pollutant under Federal PSD Regulations as in effect on June 19, 1978, any monitoring data shall have been gathered over at least the period required by those regulations. (ii) If the Department determines that a complete and adequate analysis can be accomplished with monitoring data over a shorter period (not to be less than four months), the data that Section IV, Part E. (1)(c) requires shall have been gathered over at least that shorter period. (iii) If the monitoring data would relate exclusively to ozone and would not have been required under Federal PSD Regulations as in effect on June 19, 1978, the Department may waive the otherwise applicable requirements of this Section IV Part E. (1) (e) to the extent that the applicant shows that the monitoring data would be unrepresentative of air quality over a full year. (f) The owner or operator of a proposed plant or modification of volatile organic compounds who satisfies all conditions of any state or federal requirements of regulations related to non- attainment areas may provide post-approval monitoring data for ozone in lieu of providing preconstruction data as required under Section IV, Part E.(1). (2) Post-construction monitoring. The owner or operator of a major plant or major modification shall, after construction of the plant or modification, conduct such ambient monitoring as the Department determines is necessary to determine the effect emissions from the plant or modification may have, or are having, on air quality in any area. (3) Operations of monitoring stations. The owner or operator of a major plant or major modification shall meet the requirements of Quality Assurance Requirements for Prevention of Significant Deterioration (PSD) Ambient Monitoring during the operation of monitoring stations purposes of satisfying Section IV, Part E. of this standard. (4) With respect to any requirements for air quality monitoring of PM10 under Section IV, Part E, the owner or operator of the source or modification shall use a monitoring method approved by the U.S. Environmental Protection Agency and shall estimate the ambient concentrations of PM10 using the data collected by such approved monitoring method in accordance with estimating procedures approved by the U. S. Environmental Protection Agency. Part F. Plant information. The owner or operator of a proposed plant or modification shall submit all information necessary to perform any analysis or make any determination required under this standard. (1) With respect to a plant or modification to which Section IV, Parts A., C., E., and G. of this standard apply, such information shall include: (a) A description of the nature, location, design capacity, and typical operating schedule of the plant or modification, including specifications and drawings showing its design and plant layouts; (b) A detailed schedule for construction of the plant or modification. (c) A detailed description as to what system of continuous emission reduction is planned for the plant or modification, emission estimates, and any other information necessary to determine that best available control technology would be applied. (2) Upon request of the Department, the owner or operator shall also provide information on: (a) The air quality impact of the plant or modification, including meteorological and topographical data necessary to estimate such impact; and, (b) The air quality impacts, and the nature and extent of any or all general commercial, residential, industrial, and other growth which has occurred since August 7, 1977, in the area the plant or modification would affect. Part G. Additional impact analyses. (1) The owner or operator shall provide an analysis of the impairment to visibility, soils and vegetation that would occur as a result of the plant or modification and general commercial, residential, industrial and other growth associated with the plant or modification. The owner or operator need not provide an analysis of the impact on vegetation having no significant commercial or recreational value. (2) The owner or operator shall provide an analysis of the air quality impact projected for the area as a result of general commercial, residential, industrial and other growth associated with the plant or modification. Part H. Additional requirements for plants impacting Federal Class I areas. (1) Notice to EPA. The Department will transmit to the Administrator of the Federal Environmental Protection Agency, a copy of each permit application relating to a major plant or major modification and provide notice to the Administrator of every action related to the consideration of such permit. (2) Federal Land Manager. The Federal Land Manager and the Federal official charged with direct responsibility for management of such lands have an affirmative responsibility to protect the air quality related values (including visibility) of such lands and to consider, in consultation with the Administrator of the EPA, whether a proposed plant or modification will have an adverse impact on such values. When a source is subject to this standard and may affect the visibility of a Class I area, the following procedure will apply: (a) The Department will notify the Federal Land Manager in writing within 30 days of receiving a permit application or advance notification of application from a proposed source that may impact a visibility protection area. This notification will take place at least 60 days prior to a public notice for public hearing on the application. (b) The application must contain an analysis of the potential impact of the proposed source on visibility. The Department will consider any analysis concerning visibility impairment conducted by the Federal Land Manager if received within 30 days of application receipt by the Federal Land Manager. If the Department does not totally concur with the analysis of adverse visibility impairment resulting from the proposed source, then the Department will provide in the public notice for public hearing an explanation of its decision, or provide notice where the explanation can be obtained. (3) Denial-because of impact on air quality related values. The Federal Land Manager of any such lands may demonstrate to the Department that the emissions from a proposed plant or modification would have an adverse affect on the air quality- related values (including visibility) of those lands, notwithstanding that the change in air quality resulting from emissions from such plant or modification would not cause or contribute to concentrations which would exceed the maximum allowable increases for a Class I area. If the Department concurs with such demonstration, then it shall not issue the permit. (4) Class I variances. The owner or operator of a proposed plant or modification may demonstrate to the Federal Land Manager that the emissions from such plant or modification would have no adverse impact on the air quality related values of any such lands (including visibility), notwithstanding that the change in air quality resulting from emissions from such plant or modification would cause or contribute to concentrations which would exceed the maximum allowable increases for a Class I area. If the Federal Land Manager concurs with such demonstration and he so certifies, the Department may issue the permit; provided, that the applicable requirements of this section are otherwise met. The permit will contain such emission limitations as may be necessary to assure that emissions of sulfur dioxide and particulate matter would not exceed the following maximum allowable increases over baseline concentration for such pollutants: Maximum allowable increase (micrograms per cubic meter) Particulate matter: PM-10, annual geometric mean.................17 PM-10, 24-hr. maximum........................30 Sulfur dioxide: Annual arithmetic mean................. 20 24-hr. maximum........................ 91 3-hr. maximum......................... 325 Nitrogen dioxide: Annual arithmetic mean..................25 (5) Sulfur dioxide variance by Governor with Federal Land Manager's concurrence. The owner or operator of a proposed plant or modification which cannot be approved under Section IV, Part H.(4) of this standard may demonstrate to the Governor that the plant or modification cannot be constructed by reason of any maximum allowable increase for sulfur dioxide for a period of twenty-four hours or less applicable to any Class I and, in the case of Federal mandatory Class I areas, that a variance under this clause would not adversely affect the air quality related values of the area (including visibility). The Governor, after consideration of the Federal Land Manager's recommendation (if any) and subject to his concurrence, may, after notice and public hearing, grant a variance from such maximum allowable increase. If such variance is granted, the Department shall issue a permit to such plant or modification pursuant to the requirements of Section IV, Part H.(7) of this standard: Provided, That the applicable requirements of this standard are otherwise met. (6) Variance by the Governor with the President's concurrence. In any case where the Governor recommends a variance in which the Federal Land Manager does not concur, the recommendations of the Governor and the Federal Land Manager shall be transmitted to the President. The President may approve the Governor's recommendation if he finds that the variance is in the national interest. If the variance is approved, the Department shall issue a permit pursuant to the requirements of Section IV, Part H.(7) of this standard; provided, that the applicable requirements of this standard are otherwise met. (7) Emission limitations for Presidential or gubernatorial variance. In the case of a permit issued pursuant to Section IV, Part H.(5) or (6) of this standard the plant or modification shall comply with such emission limitations as may be necessary to assure that such emissions would not cause or contribute to concentrations which exceed the otherwise applicable maximum allowable increases for periods of exposure of 24 hours or less for more than 18 days, not necessarily consecutive, during any annual period: Maximum Allowable Increase (Micrograms per cubic meter) Terrain Areas Period of exposure Low High 24-hr. maximum............................ 36 62 3-hr. maximum............................ 130 221 Part I. Public participation. (1) Within 30 days after receipt of an application to construct, or any addition to such application, the Department shall advise the applicant of any deficiency in the application or in the information submitted and transmit a copy of such application to EPA. In the event of such a deficiency, the date of receipt of the application shall be, for the purpose of this section, the date on which the Department received all required information. (2) Within 1 year after receipt of a complete application, the Department shall make a final determination on the application. This involves performing the following actions in a timely manner: (a) Make a preliminary determination whether construction should be approved, approved with conditions, or disapproved. (b) Make available in at least one location in each region in which the proposed plant or modification would be constructed a copy of all materials the applicant submitted, a copy of the preliminary determination and a copy or summary of other materials, if any, considered in making the preliminary determination. (c) Notify the public, by advertisement in a newspaper of general circulation in each region in which the proposed plant or modification would be constructed, of the application, the preliminary determination, the degree of increment consumption that is expected from the plant or modification, and the opportunity for comment at a public hearing as well as written public comment. (d) Send a copy of the notice of public comment to the applicant, the Administrator of EPA, and to officials and agencies having cognizance over the location where the proposed construction would occur as follows: The chief executives of the city and county where the plant or modification would be located, any comprehensive regional land use planning agency and any State, Federal Land Manager, or Indian Governing Body whose lands may be affected by emissions from the plant or modification. (e) Provide opportunity for a public hearing for interested persons to appear and submit written or oral comments on the air quality impact of the plant or modification, alternatives to the plant or modification, the control technology required, and other appropriate considerations. (f) Consider all written comments submitted within a time specified in the notice of public comment and all comments received at any public hearing(s) in making a final decision on the approvability of the application. No later than 10 days after the close of the public comment period, the applicant may submit a written response to any comments submitted by the public. The Department shall consider the applicant's response in making a final decision. The Department shall make all comments available preconstruction information relating to the proposed plant or modification. (g) Make a final determination whether construction should be approved, approved with conditions, or disapproved pursuant to this section. (h) Notify the applicant in writing of the final determination and make such notification available for public inspection at the same location where the Department made available preconstruction information and public comments relating to the plant or modification. (i) Notify EPA of every action related to the consideration of the permit. (3) The requirements of Section IV, Part I. of this standard shall not apply to any major plant or major modification which Section III would exempt from the requirements of Section IV, Parts C.,E., and G., but only to the extent that, with respect to each of the criteria for construction approval under the South Carolina Implementation Plan and for exemption under Section III, requirements providing the public with at least as much participation in each material determination as those of Section IV, Part I. have been met in the granting of such construction approval. Part J. Plant obligation. (1) Any owner or operator who constructs or operates a major plant or major modification not in accordance with the application submitted pursuant to this section or with the terms of any approval to construct, or any owner or operator of a major plant or major modification subject to this section who begins actual physical construction after the effective date of these regulations without applying for and receiving approval hereunder, shall be subject to appropriate enforcement action. (2) Approval to construct shall become invalid if construction is not commenced within 18 months after receipt of such approval, if construction is discontinued for a period of 18 months or more, or if construction is not completed within a reasonable time. The Department may extend the 18-month period upon a satisfactory showing that an extension is justified. This provision does not apply to the time period between construction of the approved phases of a phased construction project; each phase must commence construction within 18 months of the projected and approved commencement date. (3) Approval to construct shall not relieve any owner or operator of the responsibility to comply fully with applicable provisions of the State Implementation Plan and any other requirements under local, State, or Federal law. (4) At such time that a particular plant or modification becomes a major plant or major modification solely by virtue of a relaxation in any federally enforceable limitation which was established after August 7, 1980, on the capacity of the plant or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then the requirements or Section IV of this standard shall apply to the plant or modification as though construction had not yet commenced on the plant or modification. Part K. Innovative control technology. (1) An owner or operator of a proposed major stationary plant or major modification may request the Department in writing to approve a system of innovative control technology. (2) The Department may, with the consent of the Governor(s) of other affected state(s), determine that the plant or modification may employ a system of innovative control technology if; (a) The proposed control system would not cause or contribute to an unreasonable risk to public health, welfare, or safety in its operation or function; (b) The owner or operator agrees to achieve a level of continuous emissions reduction equivalent to that which would have been required under Section IV, Part A.(2) by a date specified by the Department. Such date shall not be later than 4 years from the time of startup or 7 years from the permit issuance; (c) The plant or modification would meet the requirements of Section IV, Part A. and Part C. based on the emissions rate that the plant employing the system of innovative control technology would be required to meet on the date specified by the Department. (d) The plant or modification would not before the date specified by the Department: (i) Cause or contribute to a violation of an applicable national ambient air quality standard; or, (ii) Impact any Class I area; or, (iii) Impact any area where an applicable increment is known to be violated; and (e) All other applicable requirements including those for public participation have been met. (3) The Department shall withdraw any approval to employ a system of innovative control technology made under this section if: (a) The proposed system fails by the specified date to achieve the required continuous emissions reduction rate; or (b) The proposed system fails before the specified date so as to contribute to an unreasonable risk to public health, welfare, or safety; or (c) The Department decides at any time that the proposed system is unlikely to achieve the required level of control or to protect the public health, welfare, or safety. (4) If a plant or modification fails to meet the required level of continuous emission reduction within the specified time period or the approval is withdrawn in accordance with Section IV, Part K.(3) the Department may allow the plant or modification up to an additional 3 years to meet the requirement for the application of best available control technology through use of a demonstrated system of control. ________________________________________________________________ THIS IS THE FEDERALLY APPROVED REGULATION AS OF AUGUST 20, 1997 Date Submitted Date Approved Federal to EPA by EPA Register Original Reg: APR 14, 1981 JUN 10, 1982 47 FR 6017 1st Revision: JUN 03, 1985 JAN 21, 1986 51 FR 2698 2nd Revision: JUN 05, 1985 OCT 03, 1989 54 FR 40660 3rd Revision: APR 29, 1988 OCT O3, 1989 54 FR 40662 4th Revision: APR 04, 1989 OCT 03, 1989 54 FR 40662 5th Revision: MAR 16, 1989 JUL 02, 1990 55 FR 27226 6th Revision: MAR 01, 1995 FEB 16, 1996 61 FR 6178 7th Revision: MAY 06, 1996 AUG 20, 1997 62 FR 44218
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