Statutes, codes, and regulations
South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROLSubchapter 61-62 - Air Pollution Control Regulations and StandardsSubchapter 61-62.96 - Nitrogen Oxides (NO[x]) and Sulfur Dioxide (SO[2]) Budget Trading Program
Subpart A - NOx Budget Program General Provisions
Section 61-62.A.96.5 - Retired unit exemption

S.C. Code Regs. § § 61-62.A.96.5

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Current through Register Vol. 48, No. 10, October 25, 2024
Section 61-62.A.96.5 - Retired unit exemption
(a) This section applies to any NOX Budget unit that is permanently retired.
(b)
(1) Any NOX Budget unit that is permanently retired shall be exempt from the NOX Budget Program, except for the provisions of this section, and Sections 96.2, 96.3, 96.4, and 96.7.
(2) The exemption under paragraph (b)(1) of this section shall become effective the day on which the unit is permanently retired. Within thirty (30) days of permanent retirement, the NOX authorized account representative (authorized in accordance with Subpart B of this regulation) shall submit a statement to the Department otherwise responsible for administering any permit for the unit. A copy of the statement shall be submitted to the EPA. The statement shall state (in a format prescribed by the Department) that the unit is permanently retired and will comply with the requirements of paragraph (c) of this section.
(3) After receipt of the notice under paragraph (b)(2) of this section, the Department will amend any permit covering the source at which the unit is located to add the provisions and requirements of the exemption under paragraphs (b)(1) and (c) of this section.
(c) Special provisions.
(1) A unit exempt under this section shall not emit any nitrogen oxides, starting on the date that the exemption takes effect.
(2) [Reserved]
(3) The owners and operators and, to the extent applicable, the NOX authorized account representative of a unit exempt under this section shall comply with the requirements of the NOX Budget Program concerning all periods for which the exemption is not in effect, even if such requirements arise, or must be complied with, after the exemption takes effect.
(4) [Reserved]
(5) For a period of five (5) years from the date the records are created, the owners and operators of a unit exempt under this section shall retain at the source that includes the unit, records demonstrating that the unit is permanently retired. The 5-year period for keeping records may be extended for cause, at any time prior to the end of the period, in writing by the Department or the EPA. The owners and operators bear the burden of proof that the unit is permanently retired.
(6) Loss of exemption.
(i) [Reserved]
(ii) For the purpose of applying monitoring requirements under Subpart H of this regulation, a unit that loses its exemption under this section shall be treated as a unit that commences operation or commercial operation on the first date on which the unit resumes operation.

S.C. Code Regs. § 61-62.A.96.5

Added by State Register Volume 43, Issue No. 01, eff. 1/25/2019.