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.96.6 - Standard requirements

S.C. Code Regs. § § 61-62.A.96.6

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Current through Register Vol. 48, No. 10, October 25, 2024
Section 61-62.A.96.6 - Standard requirements
(a) [Reserved]
(b) Monitoring requirements.
(1) The owners and operators and, to the extent applicable, the NOX authorized account representative of each NOX Budget source and each NOX Budget unit at the source shall comply with the monitoring requirements of Subpart H of this regulation.
(2) [Reserved]
(c) [Reserved]
(d) [Reserved]
(e) Recordkeeping and Reporting Requirements.
(1) Unless otherwise provided, the owners and operators of the NOX Budget source and each NOX Budget unit at the source shall keep on site at the source each of the following documents for a period of five (5) years from the date the document is created. This period may be extended for cause, at any time prior to the end of five (5) years, in writing by the Department or the EPA.
(i) The account certificate of representation for the NOX authorized account representative for the source and each NOX Budget unit at the source and all documents that demonstrate the truth of the statements in the account certificate of representation, in accordance with Section 96.13; provided that the certificate and documents shall be retained on site at the source beyond such 5-year period until such documents are superseded because of the submission of a new account certificate of representation changing the NOX authorized account representative.
(ii) All emissions monitoring information, in accordance with Subpart H of this regulation; provided that to the extent that Subpart H of this regulation provides for a 3-year period for recordkeeping, the 3-year period shall apply.
(iii) Copies of all reports, compliance certifications, and other submissions and all records made or required under the NOX Budget Program.
(iv) Copies of all documents used to complete any submission under the NOX Budget Program or to demonstrate compliance with the requirements of the NOX Budget Program.
(2) The NOX authorized account representative of a NOX Budget source and each NOX Budget unit at the source shall submit the reports and compliance certifications required under the NOX Budget Program, including those under Subpart H of this regulation.
(f) Liability.
(1) Any person who knowingly violates any requirement or prohibition of the NOX Budget Program or an exemption under Section 96.5 shall be subject to enforcement pursuant to applicable state or federal law.
(2) Any person who knowingly makes a false material statement in any record, submission, or report under the NOX Budget Program shall be subject to criminal enforcement pursuant to the applicable state or federal law.
(3) No permit revision shall excuse any violation of the requirements of the NOX Budget Program that occurs prior to the date that the revision takes effect.
(4) Each NOX Budget source and each NOX Budget unit shall meet the requirements of the NOX Budget Program.
(5) Any provision of the NOX Budget Program that applies to a NOX Budget source (including a provision applicable to the NOX authorized account representative of a NOX Budget source) shall also apply to the owners and operators of such source and of the NOX Budget units at the source.
(6) Any provision of the NOX Budget Program that applies to a NOX Budget unit (including a provision applicable to the NOX authorized account representative of a NOX budget unit) shall also apply to the owners and operators of such unit. Except with regard to the requirements applicable to units with a common stack, the owners and operators and the NOX authorized account representative of one NOX Budget unit shall not be liable for any violation by any other NOX Budget unit of which they are not owners or operators or the NOX authorized account representative and that is located at a source of which they are not owners or operators or the NOX authorized account representative.
(g) Effect on Other Authorities. No provision of the NOX Budget Program or an exemption under Section 96.5 shall be construed as exempting or excluding the owners and operators and, to the extent applicable, the NOX authorized account representative of a NOX Budget source or NOX Budget unit from compliance with any other provision of the applicable, approved state implementation plan, a federally enforceable permit, or the CAA.

S.C. Code Regs. § 61-62.A.96.6

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