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