S.C. Code Regs. § § 61-62.70.1

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

Section 61-62.70.1 - Program overview

(a) The regulations in this part provide for the establishment of comprehensive State air quality permitting systems consistent with the requirements of Title V of the Clean Air Act (Act) ( 42 U.S.C. 7401, et seq.). These regulations define the minimum elements required for South Carolina's Part 70 operating permit program and the corresponding standards.

(b) All sources subject to these regulations shall have a permit to operate that assures compliance by the source with all applicable requirements. While Title V of the Clean Air Act does not impose substantive new requirements, it does require that fees be imposed on sources and that certain procedural measures be adopted especially with respect to compliance.

(c) Nothing in this part shall prevent the Department from establishing additional or more stringent requirements not inconsistent with this Act. The U.S. Environmental Protection Agency will approve South Carolina's program submittal to the extent that it is not inconsistent with the Act and the federal Part 70 regulations. No permit, however, can be less stringent than necessary to meet all applicable requirements. In the case of federal intervention in the permit process, the Administrator reserves the right to implement the State operating permit program, in whole or in part, or the federal program contained in regulations promulgated under Title V of the Act.

(d) The requirements of Part 70, including provisions regarding schedules for submission and approval or disapproval of permit applications, shall apply to the permitting of affected sources under the acid rain program, except as provided herein or modified in regulations promulgated under Title IV of the Act (acid rain program).

(e) Issuance of state permits under this part may be coordinated with issuance of permits under other applicable laws, whether issued by state or federal agencies.

(f) [Reserved]

(g) Severability. If any section, subsection, phrase, clause, or portion of this regulation, or the applicability to any person, is adjudged to be unconstitutional or invalid for any reason by a court of competent jurisdiction, the remaining portions of this regulation shall not be affected.

S.C. Code Regs. § 61-62.70.1

Amended by State Register Volume 36, Issue No. 3, eff March 23, 2012 (errata); State Register Volume 40, Issue No. 06, eff. 6/24/2016.