S.C. Code Regs. § § 61-62.70.5

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

Section 61-62.70.5 - Permit applications

(a) Duty to apply. For each Part 70 source, the owner or operator shall submit a timely and complete permit application in accordance with this Section.

(1) Timely application.

(i) A timely application for a source applying for a Part 70 permit for the first time is one that is submitted within 12 months after the source becomes subject to the permit program or on or before such earlier date as the Department may establish.

(ii) Part 70 sources required to meet the requirements under Section 112(g)(g) of the Act, or to have a permit under the preconstruction review program approved into the South Carolina Implementation Plan under Part C or D of Title I of the Act, shall file a complete application to obtain the Part 70 permit or permit revision within 12 months after commencing operation or on or before such earlier date as the permitting authority may establish. Where an existing Part 70 permit would prohibit such construction or change in operation, the source must obtain a permit revision before commencing operation.

(iii) For purposes of permit renewal, a timely application is one that is submitted at least 6 months prior to the date of permit expiration.

(iv) Applications for initial phase II acid rain permits shall be submitted to the Department by January 1, 1996, for sulfur dioxide, and by January 1, 1998, for nitrogen oxides.

(v) The applicant is encouraged to consult with Department personnel before submitting an application or, at any other time, concerning the operation, construction, expansion, or modification of any installation, or concerning the required pollution control devices or systems, the efficiency of such devices or systems, or the level of emissions related to the installation. In addition, a source that is required to obtain a preconstruction permit may submit an application for an operating permit or permit modification for concurrent processing. An operating permit application submitted for concurrent processing shall be submitted with the source's preconstruction review application or at such later time as the Department may allow.

(2) Complete application. To be deemed complete, an application must provide all information required pursuant to Section 70.5(c)(c), except that applications for permit revision need supply such information only if it is related to the proposed change. Information required under Section 70.5(c)(c) must be sufficient to evaluate the subject source and its application and to determine all applicable requirements. A responsible official shall certify that the submitted information is consistent with Section 70.5(d)(d).

(i) Unless the Department determines that an application is not complete within 60 days of receipt of the application, such application shall be deemed to be complete, except as otherwise provided in Section 70.7(a)(4)(a)(4).

(ii) If, while processing an application that has been determined or deemed to be complete, the Department determines that additional information is necessary to evaluate or take final action on that application, it may request such information in writing and set a reasonable deadline for a response.

(iii) The source's ability to operate without a permit, as set forth in Section 70.7(b)(b), shall be in effect from the date the application is determined or deemed to be complete until the final permit is issued, provided that the applicant submits any requested additional information by the deadline specified by the Department.

(iv) In submitting an application for renewal of an operating permit issued under these regulations, a source may identify terms and conditions in its previous permit that should remain unchanged and incorporate by reference those portions of its existing permit and previous permit application(s) and any subsequently issued permit amendment(s) or modification(s) that describe products, processes, operations, and emissions to which those terms and conditions apply. The source must identify specifically and list which portions of its previous permit and/or applications are incorporated by reference. In addition, a renewal application must contain:

(A) Information specified in Section 70.5(c)(c) for those products, processes, operations, and emissions that:

(1) Are not addressed in the existing permit;

(2) Are subject to applicable requirements that are not addressed in the existing permit; or

(3) As to which the source seeks permit terms and conditions that differ from those in the existing permit; and

(B) A compliance plan and certification as required in Section 70.5(c)(8)(c)(8).

(3) Confidential information. Where a source has submitted information to the Department under a claim of confidentiality, the Department may also require the source to submit a copy of such information directly to the Administrator.

(b) Duty to supplement or correct application. Any applicant who fails to submit any relevant facts or who has submitted incorrect information in a permit application shall, upon becoming aware of such failure or incorrect submittal, promptly submit such supplementary facts or corrected information. In addition, an applicant shall provide additional information as necessary to address any requirements that become applicable to the source after the date it filed a complete application but prior to release of a draft permit.

(c) Standard application form and required information. Information as described below for each emissions unit at a Part 70 source shall be included in a Department-approved application. Air emissions or air emission units that are insignificant are exempted. However, for these emission units which are exempted, a list of the emission units must be included in the application. "Insignificant Activity" generally means any air emissions or air emissions unit at a plant that has the potential to emit less than five tons per year (5 tpy) of any criteria pollutant or less than one thousand pounds (1000 lbs) per year of any hazardous air pollutant or any compound listed in Regulation 61-62.5, Standard No. 8, Toxic Air Pollutants. The Department may determine that certain types or classes of units may be considered insignificant at higher emission levels, or that, due to the nature of the pollutant(s) emitted, a unit may be considered significant at a lower emission rate. The Department shall maintain a list subject to EPA approval of air emissions or air emission units which are considered to be insignificant. No emission or activity can be excluded from a Title V operating permit to the extent it is needed to determine compliance with an applicable requirement, as defined under Section 70.2(f). An application may not omit information needed to determine the applicability of, or to impose, any applicable requirement, or to evaluate the fee amount required under the schedule approved pursuant to Section 70.9. The Department-approved forms and attachments shall include the elements specified below:

(1) Identifying information, including company name and address (or plant name and address if different from the company name), owner's name and agent, and telephone number and names of plant site manager/contact.

(2) A description of the source's processes and products (by Standard Industrial Classification Code) including any associated with each alternate scenario identified by the source.

(3) The following emissions-related information:

(i) A permit application shall describe all emissions of regulated air pollutants emitted from any emissions unit, except where such units are exempted under Section 70.5(c)(c). The Department shall require additional information related to the emissions of air pollutants sufficient to verify which requirements are applicable to the source, and other information necessary to collect any permit fees owed under the fee schedule approved pursuant to Section 70.9(b)(b).

(ii) Identification and description of all points of emissions described in Section 70.5(c)(3)(i)(c)(3)(i) in sufficient detail to establish the basis for fees and applicability of requirements of the Act.

(iii) Emissions rates in tons per year (tpy) and in such terms as are necessary to establish compliance consistent with the applicable standard reference test method(s).

(iv) The following information to the extent it is needed to determine or regulate emissions: fuels, fuel use, raw materials, production rates, and operating schedules.

(v) Identification and description of air pollution control equipment and compliance monitoring devices or activities.

(vi) Limitations on source operation affecting emissions or any work practice standards, where applicable, for all regulated pollutants at the Part 70 source.

(vii) Other information required by any applicable requirement (including information related to stack height limitations in Regulation 61-62.7).

(viii) Calculations on which the information in items (i) through (vii) above is based.

(4) The following air pollution control requirements:

(i) Citation and description of all applicable requirements, and

(ii) Description of or reference to any applicable test method for determining compliance with each applicable requirement.

(5) Other specific information that may be necessary for proper evaluation of the source as determined by the Department.

(6) An explanation of any proposed exemptions from otherwise applicable requirements.

(7) Additional information as determined to be necessary by the Department to define alternative operating scenarios identified by the source pursuant to Section 70.6(a)(9)(a)(9) or to define permit terms and conditions implementing Section 70.7(e)(5)(e)(5) or Section 70.6(a)(10)(a)(10).

(8) A compliance plan for all Part 70 sources that contains all the following:

(i) A description of the source's compliance status and where appropriate a compliance schedule with respect to all applicable requirements as follows:

(A) For applicable requirements with which the source is in compliance, a statement that during the permit term the source will continue to comply with such requirements.

(B) For applicable requirements that will become effective during the permit term, a statement that the source will meet such requirements on a timely basis, unless a more detailed schedule is expressly required by the applicable requirement.

(C) A schedule of compliance for sources that are not in compliance with all applicable requirements at the time of permit issuance. Such a schedule shall include a narrative description of how the source will achieve compliance with such requirements, a schedule of remedial measures, including an enforceable sequence of actions with milestones, leading to compliance with any applicable requirements for which the source will be in noncompliance at the time of permit issuance. This compliance schedule shall be at least as stringent as that contained in any judicial consent decree or administrative order to which the source is subject. Any such schedule of compliance shall be supplemental to, and shall not sanction noncompliance with, the applicable requirements on which it is based.

(ii) [Reserved]

(iii) [Reserved]

(iv) A schedule for submission of certified progress reports no less frequently than every 6 months for sources required to have a schedule of compliance to remedy a violation.

(v) The compliance plan content requirements specified in this paragraph shall apply and be included in the acid rain portion of a compliance plan for an affected source, except as specifically superseded by regulations promulgated under Title IV of the Act with regard to the schedule and method(s) the source will use to achieve compliance with the acid rain emissions limitations.

(9) Compliance certification requirements as follows:

(i) A certification of compliance with all applicable requirements by a responsible official consistent with Section 70.5(d)(d) and Section 114(a)(3)(a)(3) of the Act;

(ii) A statement of methods used for determining compliance, including a description of monitoring, recordkeeping, and reporting requirements and test methods;

(iii) A schedule for annual submission of compliance certifications during the permit term, unless a more frequent schedule is specified by the underlying applicable requirement or by the Department; and

(iv) A statement indicating the source's compliance status with any applicable enhanced monitoring and compliance certification requirements of the Act.

(10) The use of nationally-standardized forms for acid rain portions of permit applications and compliance plans, as required by regulations promulgated under Title IV of the Act.

(d) Any application form, report, or compliance certification submitted pursuant to these regulations shall contain certification by a responsible official of truth, accuracy, and completeness. This certification and any other certification required under this part shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.

S.C. Code Regs. § 61-62.70.5

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 39, Issue No. 06, eff. 6/26/2015; State Register Volume 46, Issue No. 12, eff. 12/23/2022.