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Clean Air Interstate Rule (CAIR)

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CAIR Public Notice 5-28-2010

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Published in the South Carolina State Register on May 28, 2010:

DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
NOTICE OF GENERAL PUBLIC INTEREST

Notice:

The Department of Health and Environmental Control is proposing to replace NO_X SIP Call permit conditions with Clean Air Interstate Rule (CAIR) permit conditions in affected Title V Permits. The condition is open to comments from the public, affected states, and the United States Environmental Protection Agency (EPA). Interested persons are invited to present their views concerning these amendments in writing to Ms. Veronica Barringer, Coastal Plain and Power Permitting Section, Bureau of Air Quality, 2600 Bull Street, Columbia, SC 29201, or via electronic mail at barrinv@dhec.sc.gov. To be considered, the Department must receive comments by 5:00 pm on June 29, 2010.

Synopsis:

On October 27, 1998, the EPA published a final rule titled, "Finding of Significant Contribution and Rulemaking for Certain States in the Ozone Transport Assessment Group Region for Purposes of Reducing Regional Transport of Ozone" [63 FR 57355]. This rule, also known as the NO_X SIP Call, requires South Carolina and certain other states to limit the summertime emissions of oxides of nitrogen (NO_X), which are one of the precursors of ozone pollution

On May 24, 2002, the Department issued Regulation 61-62.96, Nitrogen Oxides (NO_X) and Sulfur Dioxide (SO₂) Budget Trading Program, to implement the NO_X SIP Call in South Carolina. R. 61-62.96 required certain facilities to obtain NO_X SIP Call Permits. The Department incorporated these NO_X SIP Call Permit requirements into a condition of the affected facilities' Title V Operating Permits.

On March 10, 2005, the EPA finalized the "Rule to Reduce Interstate Transport of Fine Particulate Matter and Ozone (Clean Air Interstate Rule)," (also referred to as the CAIR). The CAIR was published in the Federal Register on May 12, 2005 [70 FR 25162]. This rule affects 28 states and the District of Columbia. In the CAIR, the EPA found that South Carolina is one of the 28 states that contribute significantly to nonattainment of the National Ambient Air Quality Standards (NAAQS) for fine particles (PM_2.5) and/or 8-hour ozone in downwind states. The EPA required these states to revise their State Implementation Plans (SIPs) to reduce emissions of SO₂ and/or NO_X. SO₂ is a precursor to PM_2.5 formation, and NO_X is a precursor to both PM_2.5 and ozone formation. The EPA determined that electric generating units (EGUs) in South Carolina contributed to nonattainment of PM_2.5 and 8-hour ozone NAAQS in downwind states. The CAIR was designed to replace the NOx SIP Call program.

On June 22, 2007, the Department promulgated revisions to R. 61-62.96, Nitrogen Oxides (NO_X) and Sulfur Dioxide (SO₂) Budget Trading Program to incorporate CAIR.

On May 1, 2009, the CAIR program replaced the NO_X SIP Call program. R. 61-62.96 required facilities that had NO_X SIP Call permits to obtain CAIR permits that the Department would then incorporate into a condition of the affected facilities' Title V Operating Permits.

Though the NO_X SIP Call program is no longer effective, the NO_X SIP Call program requirements remain in some of the Title V Operating Permits for the following facilities subject to CAIR in South Carolina:

In an effort to ensure compliance, maintain conformity with state requirements and standards, and reduce confusion for the affected facilities, the Department is proposing to remove the NO_X SIP Call requirements from the affected Title V Permits and add CAIR requirements to the appropriate Title V Operating Permits as a significant modification.

Regulation 61-62.70.7(e) provides authority to the Department to make modifications to Title V Operating Permits.

The permit modifications will not result in any emissions changes. The affected facilities are already subject to the CAIR, per the requirements of Regulation 61-62.96 and 40 CFR 96, and are currently participating in its emissions trading program, thus emissions reductions are occurring in the status quo.

The specific permit condition language and more information on the facilities subject to CAIR in South Carolina is available for public review below:

• Permits with NO_X SIP Call conditions that the Department proposes to remove
• CAIR permit form
• Proposed template for CAIR Permit conditions and list of affected permits
• Notice of General Public Interest, as published in the South Carolina State Register, May 28, 2010

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