TRANSMITTAL NOTICE: 2-88 

September 8, 1988 

MEMORANDUM 

SUBJECT: EPA Region IX Policy on PSD Permit Extensions 

FROM: Wayne Blackard, Chief 

New Source Section 

TO: Region IX States and Districts 

NSR/PSD Permitting Contacts 

Attached for your information is a copy of a guidance document prepared by my staff addressing 

EPA Region IX's policy on PSD permit extensions. The purpose of this document is to clarify the 

criteria EPA examines prior to extending the 18-month commencement of construction deadline 

found in 40 CFR 52.21 (r)(2). At the heart of these requirements are assurances of 

current BACT determinations and continued public participation when permits are extended. Our 

hope is that this policy will enhance agreement among permitting agencies in implementing PSD 

regulations. 

We hope you will find this document helpful. If you have any questions, please contact me at 

(415) 974-8249. 
EPA Region IX

New Source Section

Guidance Document: 1-88

Date: 3/23/88 (PMF)

Revised: 7/6/88

EPA REGION IX POLICY

ON

PSD PERMIT EXTENSIONS

The following is EPA Region IX's policy regarding Prevention of Significant Deterioration (PSD) 

permit extensions. This policy clarifies the subject of extensions of the 18-month commencement 

of construction deadline found in 40 CFR 52.21 (r) (2). 

The intent of this policy is to grant a permit extension of the 18- month deadline to any good faith 

application, provided the following requirements are met. If these requirements are not met or if 

the extension request is denied, the permit will become invalid after its expiration date. The 

applicant, however, may choose to file a project application for consideration as a new permit. In 

general, the import of this policy is to ensure that the proposed permit meets the current EPA 

requirements, and that the public is kept apprised of the proposed action (i.e. through the 

30-day public comment period). 

I. ADMINISTRATIVE REQUIREMENTS 

(1) Submittal 

An extension request must be submitted and received by EPA- Region IX prior to 

the expiration date of the permit. 

(2) Justification 

The extension request must include an acceptable justification why the 

commencement of construction did not commence as scheduled. The request must 

also include a revised construction schedule which assures that construction will 

be initiated during the extension period and that construction will be continuous. 

(3) Certification 

The extension request must be signed by a responsible 

representative of the company proposing the project. 

II. TECHNICAL REQUIREMENTS 

(1) BACT Analysis 

A BACT reanalysis is required in all permit extension requests, as in an 
application for a new PSD permit. It should also be noted that, according to a 

recent EPA policy, any new BACT determination being prescribed for any 

regulated pollutant must also consider the impact of the proposed BACT on the 

emissions of unregulated or toxic pollutants. 

(2) Additional PSD Review Requirement 

A reanalysis of the PSD increment consumption and air quality impacts is 

required. Interim source growth in the area may have occurred and caused 

significant degradation of air quality. Therefore, the review agency is responsible 

for ensuring that the source requesting an extension would not cause or contribute 

to a PSD increment or NAAQS exceedances. 

(3) New PSD Regulations or Requirements 

It is not the intent of this policy to exempt projects from meeting new 

requirements. Therefore, all new or interim PSD requirements will be applied as 

in an application for a new PSD permit 

III. PROCEDURAL ISSUES 

(1) Duration of Extensions 

Due to concerns of growth rights and public participation, EPA may limit an 

extension to 12 months, or less, from the initial date the permit was to expire. This 

allows for an extension, if necessary, while ensuring that impacted States, 

Districts and the public have control of their own air resources and growth rights 

and that state-of-the-art BACT will be employed. 

(2) Public Comment 

EPA will require the same public comment procedure for extension requests as for 

permit modifications including a 30-day public comment period. Requests for 

public hearings and petitions for permit appeals shall follow the applicable 

procedures of 40 CFR Part 124. 

(3) Extensions of Later Units of Phased Multi-Unit Projects 

Determinations for phased multi-unit projects are very complex involving the 

independence or dependence of a project and often different construction dates. 

Therefore, please consult with EPA regarding any questions addressing phased 

construction projects. 

EPA Staff Contact: 

Peter Fickenscher (415) 974-8226 (FTS 454-8226) 

Section Chief: 

Wayne Blackard (415) 974-8249 (FTS 454-8249)