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