S.C. Code Regs. § § 61-62.70.8
Current through Register Vol. 48, No. 9, September 27, 2024
Section 61-62.70.8 - Permit review by EPA and affected States(a) Transmission of information to the Administrator. (1) Unless otherwise agreed to between the Department and the Administrator, the Department shall provide to the Administrator a copy of each permit application (including any application for significant or minor permit modification), the statement required by Section 70.7(a)(5) (sometimes referred to as the 'statement of basis'), each proposed permit, each final Part 70 permit, and, if significant comment is received during the public participation process, the written response to comments (which must include a written response to all significant comments raised during the public participation process on the draft permit and recorded under Section 70.7(h)(5)), and an explanation of how those public comments and the Department's responses are available to the public. The applicant may be required by the Department to provide a copy of the permit application (including the compliance plan) directly to the Administrator. Upon agreement with the Administrator, the Department may submit to the Administrator a permit application summary form and any relevant portion of the permit application and compliance plan, in place of the complete permit application and compliance plan. To the extent practicable, the preceding information shall be provided in a computer-readable format compatible with EPA's national database management system.(i) Where the public participation process for a draft permit concludes before the proposed permit is submitted to the Administrator, the statement required by Section 70.7(a)(5) (sometimes referred to as the 'statement of basis') and the written response to comments, if significant comment was received during the public participation process, must be submitted with the proposed permit along with other supporting materials required in Section 70.8(a)(1), excepting the final permit. The Administrator's forty-five (45) day review period for this proposed permit will not begin until such materials have been received by the EPA.(ii) In instances where the Administrator has received a proposed permit from the Department before the public participation process on the draft permit has been completed, the statement required by Section 70.7(a)(5) (sometimes referred to as the 'statement of basis') must be submitted with the proposed permit along with other supporting materials, required in Section 70.8(a)(1), excepting the final permit and the written response to comments. If the Department receives significant comment on the draft permit during the public participation process, but after the submission of the proposed permit to the Administrator, the Administrator will no longer consider the submitted proposed permit as a permit proposed to be issued under Section 505 of the Act. In such instances, the Department must make any revisions to the permit and permit record necessary to address such public comments, including preparation of a written response to comments (which must include a written response to all significant comments raised during the public participation process on the draft permit and recorded under Section 70.7(h)(5)), and must submit the proposed permit and the supporting material required under Section 70.8(a)(1)(i), excepting the final permit, to the Administrator after the public comment period has closed. This later-submitted permit will then be considered as a permit proposed to be issued under Section 505 of the Act, and the Administrator's review period for the proposed permit will not begin until all required materials have been received by the EPA.(3) The Department shall keep for at least 5 years such records and submit to the Administrator such information as the Administrator may reasonably require to ascertain whether the Department complies with the requirements of the Act or of this Part.(b) Review by affected States. (1) Unless otherwise agreed to between the Department and the Administrator, the Department shall give notice of each draft permit to any affected State on or before the time that the Department provides this notice to the public under Section 70.7(h)(h), except to the extent Section 70.7(e)(2) or (3)(e)(2) or (3) requires the timing of the notice to be different.(2) The Department, as part of the submittal of the proposed permit to the Administrator (or as soon as possible after the submittal for minor permit modification procedures allowed under Section 70.7(e)(2) or (3)(e)(2) or (3)), shall notify the Administrator and any affected State in writing of any refusal by the Department to accept all recommendations for the proposed permit that any affected State submitted during the public or affected State review period. The notice shall include the Department's reasons for not accepting any such recommendation. The Department is not required to accept recommendations that are not based on applicable requirements or the requirements of this Part.(c) EPA objection. (1) No permit for which an application must be transmitted to the Administrator under Section 70.8(a) shall be issued if the Administrator objects to its issuance in writing within 45 days of receipt of the proposed permit and all necessary supporting information required under Section 70.8(a)(1), including under Section 70.8(a)(1)(i) or (ii) where applicable.(3) Failure of the Department to do any of the following shall constitute grounds for an EPA objection: (i) Failure to comply with Section s70.8(a) or (b)(a) or (b);(ii) Failure to submit any information necessary to review adequately the proposed permit;(iii) Failure to process any permit under the procedures approved to meet Section 70.7(h)(h) except for minor permit modifications; or(iv) Failure of any proposed permit to be in compliance with applicable requirements or requirements under this part.(4) If the Department fails, within 90 days after the date of an EPA objection under Section 70.8(c)(1)(c)(1), to revise and submit a proposed permit in response to the objection, the Administrator will issue or deny the permit in accordance with the requirements of the federal program promulgated under Title V of this Act.(d) Public petitions to the Administrator. If the Administrator does not object in writing under Section 70.8(c), any person may petition the Administrator within 60 days after the expiration of the Administrator's 45-day review period to make such objection. The petitioner shall provide a copy of such petition to the Department and the applicant. Any such petition shall be based only on objections to the permit that were raised with reasonable specificity during the public comment period provided for in Section 70.7(h), unless the petitioner demonstrates that it was impracticable to raise such objections within such period, or unless the grounds for such objection arose after such period. If the Administrator objects to the permit as a result of a petition filed under this paragraph, the Department shall not issue the permit until EPA's objection has been resolved, except that a petition for review does not stay the effectiveness of a permit or its requirements if the permit was issued after the end of the 45-day review period and prior to an EPA objection. If the Department has issued a permit prior to receipt of an EPA objection under this paragraph, the Administrator will modify, terminate, or revoke such permit, and shall do so consistent with the procedures in Section s 70.7(g)(4) or (5)(i) and (ii) except in unusual circumstances, and the Department may thereafter issue only a revised permit that satisfies EPA's objection. In any case, the source will not be in violation of the requirement to have submitted a timely and complete application.(e) Prohibition on default issuance. [Reserved]
S.C. Code Regs. § 61-62.70.8
Amended by State Register Volume 36, Issue No. 3, eff March 23, 2012 (errata); State Register Volume 45, Issue No. 11, eff. 11/26/2021.