South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Subchapter 61-62 - Air Pollution Control Regulations and Standards
Subchapter 61-62.63 - "National Emission Standards for Hazardous Air Pollutants (NESHAP) for Source Categories"
Subpart B - "Requirements for Control Technology Determinations for Major Sources in Accordance With Clean Air Act Sections, Sections 112(g) and 112(j)"
Section 61-62.63.B.40 - Applicability

Universal Citation: SC Code Regs 61-62.63.B.40

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

(a) Applicability. The requirements of Sections 63.40 through 63.44 of this subpart apply to any owner or operator who constructs or reconstructs a major source of HAPs after the effective date of this subpart unless the major source in question has been specifically regulated or exempted from regulation under a standard issued pursuant to Section 112(d), Section 112(h), or Section 112(j) of the Act and incorporated in another subpart of Part 63, or the owner or operator of such major source has received all necessary air quality permits for such construction or reconstruction project before the effective date of Section 112(g)(2)(B) in the State.

(b) Exclusion for electric utility steam generating units. The requirements of this subpart do not apply to electric utility steam generating units unless and until such time as these units are added to the source category list pursuant to section112(c)(5)(c)(5) of the Act.

(c) Relationship to local requirements. Nothing in this subpart shall prevent a local agency from imposing more stringent requirements than those contained in this subpart.

(d) Exclusion for stationary sources in deleted source categories. The requirements of this subpart do not apply to stationary sources that are within a source category that has been deleted from the source category list pursuant to section112(c)(9)(c)(9) of the Act.

(e) Exclusion for research and development activities. The requirements of this subpart do not apply to research and development activities, as defined in Regulation Regulation 61-62.63, Section63.41.

(f) Synthetic Minor Provisions. Any "affected source," as defined by Regulation Regulation 61-62.63, Section63.41, may request to use federally enforceable permit conditions to limit the source's potential to emit and become a synthetic minor source.

(1) An affected source desiring to be a synthetic minor source shall provide a written request to the Department for a federally enforceable construction permit conditioned to constrain the operation of the source, along with a completed construction permit application package. The construction or reconstruction of the source shall not commence until the source has received an effective permit to construct.

(2) The enforceable permit conditions provisions of S.C. Regulation Regulation 61-62.1, Section II. E.3 shall apply to synthetic minor source permits.

(3) The public participation procedures of S.C. Regulation Regulation 61-62.1, Section II. N shall apply to synthetic minor source permits.

(4) The emergency provisions of S.C. Regulation Regulation 61-62.1, Section II. L shall apply to synthetic minor source permits.

(5) The permit application provisions of S.C. Regulation Regulation 61-62.1, Section II. E.5 shall apply to synthetic minor source permits.

Disclaimer: These regulations may not be the most recent version. South Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.