AIR REGULATION IN SOUTH CAROLINA 3 JUNE 2016

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1 AIR REGULATION IN SOUTH CAROLINA Presented by Phil Conner 3 JUNE 2016 pconner@nexsenpruet.com

2 SCDHEC s Authority for Administering Air Quality Regulations South Carolina Pollution Control Act (The PCA provides authority for administering State construction and operating permits as well as other State standards) Federal Clean Air Act (The Federal Clean Air Act provides authority for Title V permitting, new source review, and other federally-based programs)

3 SCDHEC s Authority The PCA defines pollution broadly to include: The presence in the environment of any substance, including, but not limited to, sewage, industrial waste and other waste, air contaminant, or any combination thereof in such quantity and of such characteristics in duration as may cause, or tend to cause, the environment of the state to be contaminated. The installation or alteration of virtually any source of air contaminant will be subject to some degree of regulation unless the source falls under a specific exemption

4 SCDHEC s Authority SCDHEC s authority to implement the State air program is delegated by EPA through the State Implementation Plan (SIP)

5 State Construction Permits Unless exempted, any stationary source planning to construct, alter, or add to a source of air pollutants must obtain a construction permit from SCDHEC The source must then request an operating permit prior to placing the new or altered source into operation

6 State Construction Permits Installation or alteration of any air pollution control device triggers the requirement to apply for a construction permit, even if the alterations result in a decrease of air emissions Exemption for minor alterations or additions; however, sources are typically required to submit a construction permit application for SCDHEC review

7 State Construction Permits Generally, sources may not begin construction until a construction permit is issued; however, most sources may engage in certain activities prior to receiving a construction permit including the following: Planning Engineering and design Geotechnical investigation Land clearing and grading

8 State Construction Permits Setting up temporary trailers to house construction staff and contractor personnel Ordering of equipment and materials Receipt and storing of equipment Pouring of the foundation up to and including the mounting pads and slab Other activities

9 State Construction Permits A Construction permit becomes invalid if construction is not commenced within eighteen (18) months

10 State Construction Permits Specific exemptions from the requirement to obtain a construction permit: Boilers and space heaters of less than 1.5 x 10 6 BTU/HR rated input capacity which burn only virgin liquid fuels or virgin solid fuels Boilers and space heaters of less than 10 x 10 6 BTU/HR rated input capacity which burn only virgin gas fuels Comfort air conditioning or ventilation systems Motor vehicles

11 State Construction Permits Laboratory hoods Certain emergency power generators Sources emitting only steam, air, nitrogen, oxygen, carbon dioxide, or any physical combination of these Exemptions were expanded by guidance entitled Bureau of Air Quality Exemption List (October 2015)

12 State Construction Permits Emission level exemptions - sources with uncontrolled potential to emit of less than five tons per year each of particulates, sulfur dioxide, nitrogen oxides, and carbon monoxide; and a total of uncontrolled PTE of less than 1,000 pounds per month of VOC may be exempted. Documentation of emission-level exemption must be made to SCDHEC - form D-0721

13 State Construction Permits Sources obtaining a construction permit must demonstrate that emissions will not interfere with attainment or maintenance of National Ambient Air Quality Standards (SO 2, PM, NO X, CO, O 3 and Pb) Traditionally done through air dispersion modeling DHEC now has a guidance document providing alternatives to air dispersion modeling (Guidance Concerning Other Information Used for Permitting Requirements in Demonstrating Emissions Do Not Interfere With Attainment or Maintenance of any State or Federal Standard) 13

14 General and Registration Permits General and registration permits General permits may be issued for categories of similar sources and contain standardized requirements General permits for asphalt plants; concrete plants; fuel combustion operations; petroleum distribution operations; and certain textile operations.

15 General and Registration Permits Registration permits for specific source groups with a potential to emit that is less than a specific threshold Registration permits for auto body refinishing shops; cotton ginning operations; crematory operations; fuel combustion operations; temporary crushing and screening operations; and wood burning operations 15

16 Other Air Permits PSD Permits PSD permits apply to major stationary sources and major modifications in areas that comply with NAAQS Major stationary source is defined as any of twenty-eight specifically-listed sources that emit or have the potential to emit 100 tons per year or more of any pollutant subject to regulation under the Clean Air Act

17 Other Air Permits PSD Permits Any stationary source (other than the twenty-eight) that emit or has the potential to emit 250 tons per year or more of any air pollutant Any physical change constituting a major stationary source by itself PSD facilities must install controls that meet best available control technology ( BACT ). BACT is based on demonstrated or innovative technology - must provide controls as stringent as required by other federal standards 17

18 Synthetic Minor Construction Permits Apply to sources that would otherwise be subject to PSD Acquired when source elects to accept federally enforceable permit conditions limiting emissions to below PSD thresholds Synthetic minor permits must contain special permit conditions to verify compliance with relevant emissions and limitations

19 Other Air Permits Title V Permits Applies to the following sources: Have potential to emit ten tons per year or more of any one or more hazardous air pollutant Potential to emit twenty-five tons per year or more of any combination of hazardous air pollutants Potential to emit one hundred tons per year or more of any regulated air pollutant

20 Title V Permits Determination of major source often hinges on whether sources should be collocated Collocation does not necessarily mean on same property Guidance for Collocation/Single Source Determination (April 6, 2015) 20

21 Title V Permits Annual compliance certifications must be submitted Regulations specify contents for Title V permits Types of Title V permit modifications include: Administrative amendments correct typographical errors, change name, address or telephone number of individuals identified in permit, change ownership or operational control 5O2(b)(10) changes changes that may contravene specific permit terms but do not trigger PSD or exceed allowable emission limits Minor modifications permit changes that do not involve significant change to monitoring, reporting or record-keeping requirements

22 Title V Permits Significant modifications significant change in existing monitoring conditions, relaxation of reporting or record keeping terms and other changes that do not qualify as administrative or minor. Significant modification requires DHEC approval and public comment. 22

23 Conditional Major Permits Facility meeting major source criteria under Title V can use federally enforceable permit conditions to limit potential to emit to less than major source thresholds

24 Specific Permitting Standards SCDHEC regulations contain specific standards for certain activities in industries. Those are: Standard No. 1 - Emissions from Fuel Burning Operations Standard No. 2 - Ambient Air Quality Standards Standard No. 3 - Waste Combustion and Reduction Standard No Hospital, Medical, and Infectious Wastes Incinerators Standard No. 4 - Emissions from Process Industries

25 Specific Permitting Standards Standard No. 5 - Volatile Organic Compounds Standard No Control of Oxides of Nitrogen (NOX) Standard No. 7 - Prevention of Significant Deterioration (PSD) Standard No Nonattainment New Source Review Standard No. 8 Toxic Air Pollutants 25

26 Standard No.2 Ambient Air Quality Standards Criteria pollutants: SO 2 ; PM; NO X ; CO; O 3 ; Pb Only criteria of concern have been O 3 and PM Currently subject to 2008 Eight-Hour Standard for O 3 set as ppm All areas of South Carolina with exception of York County have been in compliance with O 3 standard

27 Standard No.2 Ambient Air Quality Standards New O 3 standard issued on October ppm data shows all South Carolina monitors meeting ppm (highest value ppm in North Spartanburg) PM has been issue only in Greenville County likely due to faulty monitor location Greenville County classified as unclassifiable 27

28 FOR MORE INFORMATION Phillip L. Conner Nexsen Pruet Greenville, SC Office

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