EPA Mixed Bag on South Carolina Air Permit Program Changes
Published Date: 1/21/2025
Proposed Rule
Summary
The EPA is reviewing South Carolina’s updates to its minor source air pollution permit rules, approving some parts and rejecting others. This affects small businesses and industries that need permits to operate cleanly. Comments on these changes are open until February 20, 2025, so now’s the time to speak up before any new rules take effect!
Analyzed Economic Effects
6 provisions identified: 3 benefits, 3 costs, 0 mixed.
Small boilers exempt if <10 MMBtu/hr
South Carolina's rule adding an exemption for boilers and space heaters with rated input under 10 million British thermal units per hour (MMBtu/hr) that burn only virgin gas fuels is proposed to be approved into the SIP. If you operate such a unit, you would not need a construction permit under this exemption.
No case-by-case unlimited exemptions
EPA is proposing to disapprove South Carolina's revisions that would have allowed case-by-case exemptions from construction permits without an upper emissions bound, including changes that would have raised an exemption to 5 tons per year (tpy) or otherwise allowed undefined exemptions. That means South Carolina cannot use those loose case-by-case exemption provisions in the SIP.
State must keep public notice for general permits
EPA is proposing to disapprove South Carolina's new general construction permit rules because the State's provisions do not require public notice and comment as required by Federal minor NSR rules. This means the State cannot implement general construction permits that skip the public notice procedures described in 40 CFR 51.161.
Synthetic minor permit revisions rejected
EPA proposes to disapprove South Carolina's revised synthetic minor construction permit provisions (subsection II(E)) because the revisions would remove or break the public participation steps. If finalized, the State's prior SIP-approved synthetic minor permitting provisions (state-effective June 24, 2005) would continue to apply instead of the revised rules.
Emergency generator exemption widened
EPA proposes to approve South Carolina's change exempting emergency generators of up to 150 kilowatt (kW) rated capacity and exempting generators designated for emergency use that operate 500 hours or less per year for testing and maintenance (with a method to record hours). If you own qualifying emergency generators, these units may be exempt from construction permitting under the State rule.
Package concrete plants: no PE review needed
South Carolina added an exemption from professional engineering (PE) review for package-type concrete batch plants (designed to be hauled, set up, and broken down quickly) in subparagraph II(C)(2)(d), and EPA is proposing to approve that addition into the SIP. Operators of qualifying package-type plants would not need a PE review for construction permit applications.
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