South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Subchapter 61-62 - Air Pollution Control Regulations and Standards
Subchapter 61-62.1 - DEFINITIONS AND GENERAL REQUIREMENTS
Section 61-62.1.I - Definitions

(1) Acid Mist - Means mist or droplets of sulfuric or other acids. Sulfuric acid mist includes sulfur trioxide (SO3) and sulfuric acid vapor as well as liquid mist.

(2) Add - Means additions to a process which will increase size, scope, or emissions from such process.

(3) Administrator - Means the Administrator of the United States Environmental Protection Agency (EPA) or his/her designee.

(4) Afterburner - Means an auxiliary burner for destroying unburned or partially burned combustion gases after they have passed from the combustion chamber.

(5) Air Curtain Incinerator - Means an incinerator that operates by forcefully projecting a curtain of air across an open chamber or pit in which burning occurs. Incinerators of this type can be constructed above or below ground and require a refractory lined chamber or pit.

(6) Alter - Means modification or change in a process or processes which would affect emissions to the atmosphere.

(7) Ambient Air Quality Standards - Means the standard for the quality of ambient air at or beyond a property line on which a source of pollution is emitting.

(8) Application - Means a form provided by the Department which is prescribed to provide the information required to grant approval to construct and operate a source or an incinerator; or to report an existing incinerator.

(9) Biologicals - Means preparations made from living organisms and their products, including vaccines, cultures, etc., intended for use in diagnosing, immunizing, or treating humans or animals or in research pertaining thereto.

(10) Blood Products - Means any product derived from human blood, including but not limited to blood plasma, platelets, red or white blood corpuscles, and other derived licensed products, such as interferon, etc.

(11) Board - Means Board of Health and Environmental Control.

(12) Body Fluids - Means liquid emanating or derived from humans and limited to blood; dialysate; amniotic, cerebrospinal, synovial, pleural, peritoneal, and pericardial fluids; and semen and vaginal secretions.

(13) Boiler - Means an enclosed device using controlled flame combustion and having specific characteristics including the following:

(14) Bypass Stack - Means a device used for discharging combustion gases to avoid severe damage to the air pollution control device or other equipment.

(15) CAA - Means the Clean Air Act, as amended, 42 U.S.C. 7401, et seq. Also referred to as "the Act."

(16) Chemotherapeutic Waste - Means all waste resulting from the production or use of antineoplastic agents used for the purpose of stopping or reversing the growth of malignant cells. Chemotherapeutic waste shall not include any waste containing antineoplastic agents that are listed as hazardous waste under Section 261 of Regulation 61-79, Hazardous Waste Management.

(17) Clean Wood - Means untreated wood or untreated wood products including clean untreated lumber, tree stumps (whole or chipped), and tree limbs (whole or chipped). Clean wood does not include yard waste, which is defined elsewhere in this section, or construction, renovation, and demolition waste (including but not limited to railroad ties and telephone poles).

(18) Code of Federal Regulations (CFR) - Means the general and permanent rules codified and published in the Federal Register by the departments and agencies of the federal government.

(19) Commercial Incinerator - Means an incinerator that burns non-hazardous waste from commercial activities with a design capacity of no more than 1250 pounds per hour (lb/hr) and which burns no more than six (6) tons per day (tons/day). Incinerators of this type not meeting these limits are considered municipal waste combustors. This definition does not include retail and industrial incinerators nor does it include waste from maintenance activities at commercial establishments.

(20) Commissioner - Means the Commissioner (also known as the Director) of the Department of Health and Environmental Control.

(21) Conditional Major Source - Means a stationary source that obtains a federally enforceable physical or operational limitation from the Department to limit or cap the stationary source's potential to emit to avoid being defined as a major source as defined by applicable federal and state regulations.

(22) Continuous Emission Monitoring System or CEMS - Means a monitoring system for continuously measuring and recording the emissions of a pollutant from an affected facility.

(23) Continuous Program of Physical On-site Construction - Means significant and continuous site preparation work such as major clearing or excavation followed by placement of footings, pilings, and other materials of construction, assembly, or installation of unique facilities or equipment at the site of the source. With respect to a change in the method of operating, this term refers to those on-site activities, other than preparatory activities, which mark the initiation of the change.

(24) Crematory Incinerator - Means any incinerator designed and used solely for the burning of human remains or animal remains.

(25) Department - Means the South Carolina Department of Health and Environmental Control.

(26) Dioxins/Furans - Means the combined emissions of tetra- through octa-chlorinated dibenzo-paradioxins and dibenzofurans, as measured by EPA Reference Method 23 ( 40 CFR Part 60, Appendix A).

(27) Emission - Means a release or discharge to the outdoor (ambient) atmosphere of air contaminants, including fugitive emissions.

(28) Emission Data - Means the definition contained in 40 CFR 2.301(a)(2), July 1, 1986, is incorporated by reference.

(29) Emission Limitation (and Emission Standard) - Means a requirement established by the state or by the Administrator which limits the quantity, rate, or concentration of emissions of air pollutants on a continuous basis, including any requirements which limit the level of opacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures for a source to assure continuous emission reduction.

(30) Federally Enforceable - Means all limitations and conditions which are enforceable by the Administrator and citizens under the Act, including those requirements developed pursuant to 40 CFR Parts 60, 61, 63, and 70; requirements within the South Carolina State Implementation Plan (SIP); and any permit requirements established pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Part 51 Subpart I, including operating permits issued under an EPA-approved program that is incorporated into the SIP and expressly requires adherence to any permit issued under such program.

(31) Fuel Burning Operation - Means use of a furnace, boiler, device, or mechanism used principally, but not exclusively, to burn any fuel for the purpose of indirect heating in which the material being heated is not contacted by and adds no substance to the products of combustion.

(32) Fugitive Dust - Means a type of particulate emission that becomes airborne by forces of wind, man's activity, or both, including, but not limited to, construction sites, tilled land, materials storage piles, and materials handling.

(33) Fugitive Emissions - Means emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.

(34) Garbage - Means animal and vegetable waste resulting from the handling, preparation, cooking, and serving of foods.

(35) Hazardous Air Pollutant (HAP) - Means a pollutant which is the subject of National Emission Standards for Hazardous Air Pollutants (NESHAP) promulgated by the EPA by publication in the Federal Register.

(36) Hazardous Waste - Means any waste identified as such by Regulation 61-79.

(37) Hazardous Waste Fuel - Means hazardous waste that has a heat value greater than 5000 British thermal unit per pound (Btu/lb) and is burned in an industrial or utility boiler or industrial furnace for energy recovery, except for hazardous wastes exempted by Section 266.30(b) of Regulation 61-79.

(38) Hazardous Waste Incinerator - Means an incinerator whose primary function is to combust hazardous waste, except for devices which have qualified for exemption as provided in Sections 264.340(b) or 265.340(b) of Regulation 61-79.

(39) Hospital - Means any facility which has an organized medical staff, maintains at least six (6) inpatient beds, and where the primary function of the institution is to provide diagnostic and therapeutic patient services and continuous nursing care primarily to human inpatients who are not related and who stay on average in excess of twenty-four (24) hours per admission. This definition does not include facilities maintained for the sole purpose of providing nursing or convalescent care to human patients who generally are not acutely ill but who require continuing medical supervision.

(40) Hospital/Medical/Infectious Waste Incinerator or HMIWI or HMIWI Unit - Means any device that combusts any amount of hospital waste and/or medical/infectious waste.

(41) Hospital Waste - Means discards generated at a hospital, except unused items returned to the manufacturer. The definition of hospital waste does not include human corpses, remains, and anatomical parts that are intended for interment or cremation.

(42) Incinerator - Means any engineered device used in the process of controlled combustion of waste for the purpose of reducing the volume; removing the contamination and/or reducing or removing the hazardous potential of the waste charged by destroying combustible matter leaving the noncombustible ashes, material, and/or residue; and which does not meet the criteria nor classification as a boiler nor is listed as an industrial furnace.

(43) Industrial Boiler - Means a boiler that produces steam, heated air, or other heated fluids for use in a manufacturing process.

(44) Industrial Furnace - Means any of the following enclosed devices that are integral components of manufacturing processes and that use controlled flame devices to accomplish recovery of materials or energy:

(45) Industrial Incinerator - Means any incinerator utilized in an industrial plant that does not meet the definition for any other type of incinerator or an incinerator used to combust Type 5 or 6 waste at any site.

(46) In Existence - Means that the owner or operator has obtained all necessary construction permits required by this Department and either has:

(47) Kraft Pulp Mill - Means any stationary source which produces pulp from wood by cooking (digesting) wood chips in a water solution of sodium hydroxide and sodium sulfide (white liquor) at a high temperature and pressure. Regeneration of the cooking chemicals through a recovery process is also considered part of the kraft pulp mill.

(48) Major Source - Means, except as otherwise provided, any source which directly emits, or has the potential to emit, greater than or equal to the major source threshold as defined by applicable federal and state regulations.

(49) Malfunction - Means any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, process equipment, or a process to operate in a normal or usual manner. Failures that are caused, in part, by poor maintenance or careless operation are not malfunctions. During periods of malfunction, the operator shall operate within established parameters as much as possible, and monitoring of all applicable operating parameters shall continue until all waste has been combusted or until the malfunction ceases, whichever comes first.

(50) Mass Emission Rate - Means the weight discharged per unit of time.

(51) Medical/Infectious Waste - Means any waste generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals listed below; and any waste defined as infectious waste in Regulation 61-105, Infectious Waste Management. The definition of medical/infectious waste does not include hazardous waste identified or listed in Regulation 61-79.261; household waste, as defined in Regulation 61-79.261.4(b)(1); ash from incineration of medical/infectious waste, once the incineration process has been completed; human corpses, remains, and anatomical parts that are intended for interment or cremation; and domestic sewage materials identified in Regulation 61-79.261.4(a)(1).

(52) Multiple-Chamber Incinerator - Means an incinerator consisting of at least two (2) refractory lined combustion chambers (primary and secondary) in series, physically separated by refractory walls, interconnected by gas passage ports or ducts.

(53) Municipal Solid Waste, MSW, or Municipal-type Solid Waste -

(54) Municipal Waste Combustor, MWC, or Municipal Waste Combustor Unit - Means any setting or equipment that combusts solid, liquid, or gasified municipal solid waste including, but not limited to, field-erected incinerators (with or without heat recovery), modular incinerators (starved-air or excess-air), boilers (for example, steam generating units) and furnaces (whether suspension-fired, grate-fired, mass-fired, or fluidized bed-fired, etc.), air curtain incinerators, and pyrolysis/combustion units. Municipal waste combustors do not include pyrolysis/combustion units located at plastics/rubber recycling units. Municipal waste combustors do not include internal combustion engines, gas turbines, or other combustion devices that combust landfill gases collected by landfill gas collection systems. For the purpose of determining reconstruction or modification, as defined in 40 CFR Part 60 Subpart A, or Regulation 62.5, Standard No. 3, to a municipal waste combustor, the following applies:

(55) NAICS Code - Means North American Industry Classification System (NAICS) Code, a six (6) digit coding system, which attempts to classify all business establishments by the types of products or services they provide.

(56) Non-Industrial Boiler - Means any boiler not classified as an industrial boiler.

(57) Non-Industrial Furnace - Means any furnace not classified as an industrial furnace.

(58) Non-Spec. Oil (Off-Spec. Oil) - See definition of used oil.

(59) Opacity - Means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background.

(60) Open Burning - Means any fire or smoke-producing process which is not conducted in any boiler plant, furnace, high temperature processing unit, incinerator or flare, or in any other such equipment primarily designed for the combustion of fuel or waste material.

(61) Part 70 Permit - Means any permit or group of permits covering a source subject to the permitting requirements of Regulation 61-62.70. The use of the term "Title V Permit" shall be construed to mean "Part 70 Permit."

(62) Particulate Matter - Means any material, except uncombined water, that exists in a finely divided form as a liquid or solid at standard conditions.

(63) Particulate Matter Emissions - Means all finely divided solid or liquid material, other than uncombined water, emitted to the ambient air as measured by an applicable reference method described in 40 CFR Part 60, July 1, 1987, or an equivalent or alternative method approved by the Department, with the concurrence of the EPA.

(64) Pathological Waste - Means waste material consisting of only human or animal remains, anatomical parts, and/or tissue; the bags/containers used to collect and transport the waste material; and animal bedding (if applicable).

(65) Plant - Means, except as otherwise provided, any stationary source or combination of stationary sources, which is located on one (1) or more contiguous or adjacent properties and owned or operated by the same person(s) under common control.

(66) Plastics/Rubber Recycling Unit - Means an integrated processing unit where plastics, rubber, and/or rubber tires are the only feed materials (incidental contaminants may be included in the feed materials) and they are processed into a chemical plant feedstock or petroleum refinery feedstock where the feedstock is marketed to and used by a chemical plant or petroleum refinery as input feedstock. The combined weight of the chemical plant feedstock and petroleum refinery feedstock produced by the plastics/rubber recycling unit on a calendar quarter basis shall be more than seventy (70) percent of the combined weight of the plastics, rubber, and rubber tires processed by the plastics/rubber recycling unit on a calendar quarter basis. The plastics, rubber, and/or rubber tire feed materials to the plastics/rubber recycling unit may originate from the separation or diversion of plastics, rubber, or rubber tires from MSW or industrial solid waste; and may include manufacturing scraps, trimmings, off-specification plastics, rubber, and rubber tire discards. The plastics, rubber, and rubber tire feed materials to the plastics/rubber recycling unit may contain incidental contaminants (for example, paper labels on plastic bottles, metal rings on plastic bottle caps, etc.).

(67) PM2.5 - Means particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers emitted to the ambient air as measured by a reference method based on Appendix L of 40 CFR Part 50 and designated in accordance with 40 CFR Part 53 or by an equivalent method designated in accordance with 40 CFR Part 53.

(68) PM2.5 Emissions - Means finely divided solid or liquid material with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers emitted to the ambient air as measured by a reference method approved by the Department with concurrence of the EPA.

(69) PM10 - Means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by a reference method based on Appendix J of 40 CFR Part 50 and designated in accordance with 40 CFR Part 53 or by an equivalent method designated in accordance with 40 CFR Part 53.

(70) PM10 Emissions - Means finely divided solid or liquid material with an aerodynamic diameter less than or equal to a nominal 10 micrometers emitted to the ambient air as measured by a reference method approved by the Department with concurrence of the EPA.

(71) Potential to Emit - Means the maximum capacity of a source to emit a regulated pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a regulated 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 only 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 source.

(72) Process Industry - Means any source engaged in the manufacture, processing, handling, treatment, forming, storing, or any other action upon materials except fuel-burning operations.

(73) Process Weight - Means the total weight of all materials introduced into a source operation, including air and water where these materials become an integral part of the product and solids used as fuels, but excluding liquids and gases used solely as fuels.

(74) Process Weight Rate -

(75) Pyrolysis/Combustion Unit - Means a unit that produces gases, liquids, or solids through the heating of waste; and the gases, liquids, or solids produced are combusted and emissions vented to the atmosphere.

(76) Refuse - Means garbage, rubbish, and/or trade waste.

(77) Refuse-derived Fuel - Means a type of municipal solid waste produced by processing municipal solid waste through shredding and size classification. This includes all classes of refuse-derived fuel including low-density fluff refuse-derived fuel through densified refuse-derived fuel and pelletized refuse-derived fuel.

(78) Retail Business Type Incinerator - Means an incinerator that combusts waste typical of a retail business rather than domestic, commercial, or industrial activities.

(79) Rubbish - Means solid wastes from residences and dwellings, commercial establishments, and institutions.

(80) Salvage Operations - Means any operation of a business, trade, or industry engaged in whole or in part in salvaging or reclaiming any product or material including, but not limited to, metals, chemicals, shipping containers, drums, or automobiles.

(81) Secondary Emissions - Means emissions which would occur as a result of the construction or operation of a major source or major modification but do not come from the major source or major modification itself. Secondary emissions shall be specific, well defined, quantifiable, and shall impact the same general area as the source or modification which causes the secondary emissions. Secondary emissions may include, but are not limited to:

(82) SIC Code - Means Standard Industrial Classification Codes which are four digit numerical codes designed by the U.S. Department of Labor in order to create uniform descriptions of business establishments.

(83) Sludge Incinerator - Means an incinerator that combusts wastes containing more than ten (10) percent (dry weight basis) sludge produced by municipal or industrial wastewater treatment plants or each incinerator that charges more than 2205 pounds per day (lb/day) (dry weight basis) of sludge produced by municipal or industrial wastewater treatment plants.

(84) Smoke - Means small gasborne and airborne particles arising from a process of combustion in sufficient number to be observable by a person of normal vision under normal conditions.

(85) Solid Fuel - Means a fuel which is fired as a solid such as coal, lignite, and wood.

(86) Spec. Oil - See definition of used oil.

(87) Stack - Means any flue, conduit, chimney, or opening arranged to conduct an effluent into the open air.

(88) Stack Height - Means the vertical distance measured in feet between the point of discharge from the stack or chimney into the outdoor atmosphere and the elevation of the land thereunder.

(89) Standard Conditions - Means 760 millimeters of mercury (mmHg) at twenty-five (25) degrees Centigrade (C).

(90) Stationary Source - Means any building, structure, installation, or process which emits or may emit an air pollutant subject to regulation by any national or state standard. Use of the term "source" is to be construed to mean "stationary source."

(91) Substantial Loss - Means, generally, a loss which would equal or exceed ten (10) percent of the total initial project cost.

(92) Synthetic Minor Source - Means a stationary source that obtains a federally enforceable physical or operational limitation from the Department to limit or cap the stationary source's potential to emit to avoid being defined as a major source or major modification, as defined by applicable federal and state regulations.

(93) Total Reduced Sulfur (TRS) - Means the sum of the sulfur compounds hydrogen sulfide, methyl mercaptan, dimethyl sulfide, and dimethyl disulfide that are released during the kraft pulping operation.

(94) Total Suspended Particulate (TSP) - Means particulate matter as measured by the method described in Appendix B, 40 CFR Part 50, July 1, 1987.

(95) Trade Waste - Means all solid, liquid, or gaseous material or rubbish resulting from construction, building operations, or the prosecution of any business, trade, or industry including, but not limited to, plastic products, cartons, paint, grease, oil and other petroleum products, chemicals, and cinders.

(96) Untreated Lumber - Means wood or wood products that have been cut or shaped and include wet, air-dried, and kiln-dried wood products. Untreated lumber does not include wood products that have been painted, pigment-stained, or "pressure-treated." Pressure-treating compounds include, but are not limited to, chromate copper arsenate, pentachlorophenol, and creosote.

(97) Used Oil - Means any oil that has been refined from crude or synthetic oil and as a result of use, storage, or handling, has become unsuitable for its original purpose due to the presence of impurities or loss of original properties, but which may be suitable for further use and may be economically recyclable. This also includes absorbent material contaminated with used oil such as oily rags or absorbent blankets. Two (2) types of used oil are defined as follows:

(98) Utility Boiler - Means a boiler that produces steam, heated air, or other heated fluids for sale or for use in producing electric power for sale.

(99) Virgin Fuel - Means unused solid, liquid, or gaseous commercial fuel, and clean wood or bark that has not been processed other than for size reduction excluding clean wood or bark burned in an air curtain incinerator.

(100) Volatile Organic Compound (VOC) -

(101) Waste - Means any discarded material including, but not limited to, used oil, hazardous waste fuel, hazardous waste, medical waste, municipal solid waste (MSW), sludge, waste fuel, and waste classification Types 0 through 6 or any material which as a result of use, storage, or handling has become unsuitable for its original purpose due to the presence of impurities or loss of original properties.

(102) Waste Fuel - Means waste that does not meet hazardous waste criteria but has a heat value greater than 5000 Btu /lb.

(103) Yard Waste - Means grass, grass clippings, bushes, shrubs, and clippings from bushes and shrubs that are generated by residential, commercial/retail, institutional, and/or industrial sources as part of maintenance activities associated with yards or other private or public lands. Yard waste does not include construction, renovation, and demolition wastes, which are exempt from the definition of MSW in this section. Yard waste does not include clean wood, which is also exempt from the definition of MSW in this section.