S.C. Code Regs. § § 61-62.70.2

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

Section 61-62.70.2 - Definitions

(a) "Act" means the Clean Air Act, as amended, 42 U.S.C. 7401, et seq.

(b) "Administrator" means the Administrator of the United States Environmental Protection Agency (EPA) or his designee.

(c) "Affected source" means a source that includes one or more affected units that are subject to the acid rain provisions under Title IV of the Act.

(d) "Affected States" are:

(1) The States of Georgia and/or North Carolina if, as determined by the Department, their air quality may be directly affected by emissions from the facility seeking a Part 70 permit, permit modification or permit renewal being proposed; or

(2) That are within 50 miles of the permitted source.

(e) "Affected unit" means a unit that is subject to the acid rain emission reduction requirements or limitations and regulations promulgated under Title IV of the Act.

(f) "Applicable requirement" means all of the following as they apply to emissions units in a Part 70 source subject to these regulations (including requirements that have been promulgated or approved by EPA through rulemaking at the time of issuance but have future-effective compliance dates):

(1) Any standard or other requirement provided for in the South Carolina State Implementation Plan approved or promulgated by EPA through rulemaking under Title I of the Act that implements the pertinent requirements of the Act, including any revisions to that plan promulgated in 40 Code of Federal Regulations (CFR) Part 52;

(2) Any term or condition of any preconstruction permits issued pursuant to regulations approved or promulgated through rulemaking under Title I, including Parts C or D, of the Act;

(3) Any standard or other requirement under Section111 of the Act, including Section111(d)(d);

(4) Any standard or other requirement under Section112 of the Act, including any requirement concerning accident prevention under Section112(r)(7)(r)(7) of the Act;

(5) Any standard or other requirement of the acid rain program under Title IV of the Act or the regulations promulgated thereunder;

(6) Any requirements established pursuant to Section504(b)(b) or Section114(a)(3)(a)(3) of the Act;

(7) Any standard or other requirement governing solid waste incineration, under Section129 of the Act;

(8) Any standard or other requirement for consumer and commercial products, under Section183(e)(e) of the Act;

(9) Any standard or other requirement for tank vessels, under Section183(f)(f) of the Act;

(10) Any standard or other requirement of the program to control air pollution from outer continental shelf sources, under Section328 of the Act;

(11) Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under Title VI of the Act, unless the Administrator has determined that such requirements need not be contained in a Title V permit; and

(12) Any national ambient air quality standard or increment or visibility requirement under Part C of Title I of the Act, but only as it would apply to temporary sources permitted pursuant to Section504(e)(e) of the Act.

(g) "Area source" means any stationary source of hazardous air pollutants that is not a major source.

(h) "Department" means the Department of Health and Environmental Control.

(i) "Designated representative" means a responsible person or official authorized by the owner or operator of a unit to represent the owner or operator in matters pertaining to the holding, transfer, or disposition of allowances allocated to a unit, and the submission of and compliance with permits, permit applications, and compliance plans for the unit under acid rain requirements of Title IV of the Act and regulations promulgated thereunder.

(j) "Draft permit" means the version of a permit for which the Department offers public participation under Section70.7(h)(h) or affected State review under Section70.8.

(k) "Effective date" of this Part 70 regulation, including any partial or interim program approved under this Part, shall be the effective date of approval by the Administrator as published in the Federal Register.

(l) "Emissions allowable under the permit" means a federally enforceable permit term or condition determined at issuance to be required by an applicable requirement that establishes an emissions limit (including a work practice standard) or a federally enforceable emissions cap that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject.

(m) "Emissions unit" means any part or activity of a stationary source that emits or has the potential to emit any regulated air pollutant or any pollutant listed under Section112(b)(b) of the Act. This term is not meant to alter or affect the definition of the term "unit" for purposes of the Title IV acid rain requirements of the Act.

(n) The "EPA" means the Administrator of the U.S. Environmental Protection Agency or his designee.

(o) "Final permit" means the version of a Part 70 permit issued by the Department that has completed all review procedures required by Sections70.7 and 70.8.

(p) "Fugitive emissions" are those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening.

(q) "General permit" means a Part 70 permit that meets the requirements of Section70.6(d)(d).

(r) "Major source" means any stationary source (or any group of stationary sources that are located on one or more contiguous or adjacent properties, and are under common control of the same person (or persons under common control)) belonging to a single major industrial grouping and that are described in paragraphs (1), (2), or (3) of this definition. For the purposes of defining "major source," a stationary source or group of stationary sources shall be considered part of a single industrial grouping if all of the pollutant emitting activities at such source or group of sources on contiguous or adjacent properties belong to the same Major Group (that is, all have the same two-digit code) as described in the Standard Industrial Classification Manual, latest revision.

(1) A major source under Section112 of the Act, which is defined as:

(i) For pollutants other than radionuclides, any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit, in the aggregate, 10 tons per year (tpy) or more of any hazardous air pollutant which has been listed pursuant to Section112(b)(b) of the Act, 25 tpy or more of any combination of such hazardous air pollutants, or such lesser quantity as the Administrator may establish by rule. Notwithstanding the preceding sentence, emissions from any oil or gas exploration or production well (with its associated equipment) and emissions from any pipeline compressor or pump station shall not be aggregated with emissions from other similar units, whether or not such units are in a contiguous area or under common control, to determine whether such units or stations are major sources; or

(ii) For radionuclides, "major source" shall have the meaning specified by the Administrator by rule.

(2) A major stationary source of air pollutants, as defined in Section302 of the Act, that directly emits or has the potential to emit, 100 tpy or more of any air pollutant (including any major source of fugitive emissions of any such pollutant, as determined by rule by the Administrator). The fugitive emissions of a stationary source shall not be considered in determining whether it is a major stationary source for the purposes of Section302(j)(j) of the Act, unless the source belongs to one of the following categories of stationary source:

(i) Coal cleaning plants (with thermal dryers);

(ii) Kraft pulp mills;

(iii) Portland cement plants;

(iv) Primary zinc smelters;

(v) Iron and steel mills;

(vi) Primary aluminum ore reduction plants;

(vii) Primary copper smelters;

(viii) Municipal incinerators capable of charging more than 250 tons of refuse per day;

(ix) Hydrofluoric, sulfuric, or nitric acid plants;

(x) Petroleum refineries;

(xi) Lime plants;

(xii) Phosphate rock processing plants;

(xiii) Coke oven batteries;

(xiv) Sulfur recovery plants;

(xv) Carbon black plants (furnace process);

(xvi) Primary lead smelters;

(xvii) Fuel conversion plant;

(xviii) Sintering plants;

(xix) Secondary metal production plants;

(xx) Chemical process plants - The term chemical processing plant shall not include ethanol production facilities that produce ethanol by natural fermentation included in North American Industrial Classification System (NAICS) codes 325193 or 312140;

(xxi) Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input;

(xxii) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;

(xxiii) Taconite ore processing plants;

(xxiv) Glass fiber processing plants;

(xxv) Charcoal production plants;

(xxvi) Fossil-fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; or

(xxvii) Any other stationary source category, which as of August 7, 1980, is being regulated under Section111 or 112 of the Act;

(3) A major stationary source as defined in Part D of Title I of the Act, including:

(i) For ozone nonattainment areas, sources with the potential to emit 100 tpy or more of volatile organic compounds or oxides of nitrogen in areas classified as "marginal" or "moderate," 50 tpy or more in areas classified as "serious," 25 tpy or more in areas classified as "severe," and 10 tpy or more in areas classified as "extreme"; except that the references in this paragraph to 100, 50, 25, and 10 tpy of nitrogen oxides shall not apply with respect to any source for which the Administrator has made a finding, under Section182(f)(1) or (2)(f)(1) or (2) of the Act, that requirements under Section182(f)(f) of the Act do not apply;

(ii) For ozone transport regions established pursuant to Section184 of the Act, sources with the potential to emit 50 tpy or more of volatile organic compounds;

(iii) For carbon monoxide nonattainment areas (1) that are classified as "serious," and (2) in which stationary sources contribute significantly to carbon monoxide levels as determined under rules issued by the Administrator, sources with the potential to emit 50 tpy or more of carbon monoxide; and

(iv) For particulate matter (PM₁₀) nonattainment areas classified as "serious," sources with the potential to emit 70 tpy or more of PM₁₀.

(s) "Non-major source" means a source that is not major under this Part.

(t) "Part 70 permit" or "permit" (unless the context suggests otherwise) means any permit or group of permits covering a Part 70 source that is issued, renewed, amended, or revised pursuant to this Part.

(u) "Part 70 program" or "State program" means a program approved by the Administrator under this Part.

(v) "Part 70 source" means any source subject to the permitting requirements of this Part, as provided in Sections70.3(a)(a) and 70.3(b)(b).

(w) "Permit modification" means a revision to a Part 70 permit that meets the requirements of Section70.7(e)(e).

(x) "Permit revision" means any permit modification or administrative permit amendment.

(y) "Potential to emit" means the maximum capacity of a stationary source to emit any air pollutant under its physical and operational design. Any physical or operational limitation on the capacity of a source to emit an air 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 is federally enforceable by the Administrator. This term does not alter or affect the use of this term for any other purposes under the Act, or the term "capacity factor" as used in the Title IV acid rain requirements of the Act or the regulations promulgated thereunder.

(z) "Proposed permit" means the version of a permit that the Department proposes to issue and forwards to the Administrator for review in compliance with Section70.8.

(aa) "Regulated air pollutant" means the following:

(1) Nitrogen oxides or any volatile organic compounds;

(2) Any pollutant for which a national ambient air quality standard has been promulgated;

(3) Any pollutant that is subject to any standard promulgated under Section111 of the Act;

(4) Any Class I or II substance subject to a standard promulgated under or established by Title VI of the Act; or

(5) Any pollutant subject to a standard promulgated under Section112 or other requirements established under Section112 of the Act, including Sections112(g), (j), and (r)(g), (j), and (r) of the Act, including the following:

(i) Any pollutant subject to requirements under Section112(j)(j) of the Act. If the Administrator fails to promulgate a standard by the date established pursuant to Section112(e)(e) of the Act, any pollutant for which a subject source would be major shall be considered to be regulated on the date 18 months after the applicable date established pursuant to Section112(e)(e) of the Act; and

(ii) Any pollutant for which the requirements of Section112(g)(2)(g)(2) of the Act have been met, but only with respect to the individual source subject to Section112(g)(2)(g)(2) requirement.

(bb) "Renewal" means the process by which a permit is reissued at the end of its term.

(cc) "Responsible official" means one of the following:

(1) For a corporation: a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and either:

(i) The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or

(ii) The delegation of authority to such representative is approved in advance by the Department;

(2) For a partnership or sole proprietorship: a general partner or the proprietor, respectively;

(3) For a municipality, state, federal, or other public agency: either a principal executive officer or ranking elected official. For the purposes of this Part, a principal executive officer of a federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (for example, a Regional Administrator of EPA); or

(4) For affected sources:

(i) The designated representative in so far as actions, standards, requirements, or prohibitions under the Title IV acid rain requirements of the Act or the regulations promulgated thereunder are concerned; and

(ii) The designated representative for any other purposes under Part 70.

(dd) "Section 111" means that portion of the Clean Air Act that addresses New Source Performance Standards (NSPS).

(ee) "Section 112" means that portion of the Clean Air Act that addresses standards for hazardous air pollutants.

(ff) "Section502(b)(10)(b)(10) changes" are changes that contravene an express permit term. Such changes do not include changes that would violate applicable requirements or contravene federally enforceable permit terms and conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements.

(gg) "Stationary source" means any building, structure, facility, or installation that emits or may emit any regulated air pollutant or any pollutant listed under Section112(b)(b) of the Act.

(hh) "Title I modification or modification under any provision of Title I of the Act" means any modification under Sections111 or 112 of the Act and any physical change or change in method of operations that is subject to the preconstruction regulations promulgated under Part C and D of the Act.

(ii) "Title III" means that portion of the Clean Air Act that addresses requirements for the administration and control of emissions of toxic air pollutants.

(jj) "Title IV" means that portion of the Clean Air Act that addresses requirements for the administration and control of air emissions contributing to acid deposition (acid rain).

(kk) "Title V" means that portion of the Clean Air Act that established the requirements for federal operating permits, permit fees, and approval of comparable State programs.

(ll) "Title VI" means that portion of the Clean Air Act that provides for Stratospheric Ozone and Global Climate Protection, primarily through the control and reduction of emissions of chlorofluorocarbons (CFCs) and hydrochlorofluorocarbons (HCFCs).

(mm) "Title VII" means that portion of the Clean Air Act that addresses enforcement of the Act, including the provisions for civil, administrative, and criminal penalties (as codified in Section113 of the Act).

S.C. Code Regs. § 61-62.70.2

Amended by State Register Volume 36, Issue No. 3, eff March 23, 2012 (errata); State Register Volume 36, Issue No. 9, eff September 28, 2012 (errata); State Register Volume 37, Issue No. 4, eff April 26, 2013; State Register Volume 37, Issue No. 12, eff December 27, 2013.