P.1 

OAR Box 1781 

Prepped by Ollie Stewart 

Document Number: 

80) IV-B-4 

Docket Number: 

A-90-37 

Printed 10/29/2008 10:46:21 AM Sheet 80 of 142 
P.2 

• S ' 

Date: 

To: 

February 29,2000 

Air and Radiation Docket # A-90-37 

From: Tom Driscoll, Integrated Implementation Grcfup 

ITPID, MD-12 (&v*^ \ > UACJ=.V V 

Subject: Pre-permit Construction Activities' Discussions with STAPPA/ALAPCO 

In December 1999,1 contacted STAPPA/ALAPCO to determine what pre-permit 

construction activity policies State and Local Air Pollution Control Agencies (S/Ls) are currently 

using. STAPPA/ALAPCO agreed to poll the S/Ls and send their responses to me. Attached is a 

table summarizing the current S/L pre-permit construction activities. This effort was undertaken 

in conjunction with the New Source Review reform effort. 

Attachment 

cc: Pam Smith, (MD-12) 

Jon Devine, OGC 
P.3 

• > 

Program/ 

Contact 

Vermont 

Doug Elliot 

Connecticut 

Gary Rose and 

Chris James 

Lincoln, 

Nebraska 

Gary Walsh 

North Carolina 

Donald van der 

Vaart 

Virginia 

C. L. Turner 

Illinois 

Jim Ross 

Jacksonville, FL 

Steve Pace 

Are pre-permit 

construction 

(PPC) activities 

allowed? 

No 

Yes, land 

clearing, 

concrete pad 

pouring, etc. 

allowed. It 

seems that PPC 

activities are 

allowed for both 

major and minor 

sources. 

Yes, land 

clearing, 

grading, tree 

removal, etc. 

Yes. 

No for major, 

PSD, and 

nonattainment 

NSR sources; 

yes for minor 

sources. 

No. 

Land clearing 

only. 

Are conditions 

different for 

greenfield vs. 

existing 

facilities? 

No. 

Not clear. 

No. 

No. 

No. 

Are there 

"equity in the 

ground" 

considerations? 

There is a caveat 

in State 

requirements 

saying the prepermit 

construction 

PPC activities 

can be used for 

another purpose 

Not clear. 

Owners incur 

any financial 

risk for any PPC 

activities. 

The economics 

of BACT are not 

to be skewed by 

considerations of 

replacin g a 

newl y 

constructed unit. 

Not clear. 

Comments 

Contracts are 

not supposed to 

have a penalty if 

broken. 

The answers 

were not clear to 

me, so I asked 

for more info. 

Virginia is 

considering reg 

changes for 

minor NSR as 

well. 

This policy 

applies to the 

entire State of 

Florida. 

9-
:yrP.4 

Program/ 

Contact 

Michigan and 

Wayne County 

Paul Collins and 

Wendy Barrott 

Wisconsin 

Dan L. Johnston 

Iowa 

Dave Phelps 

Washington 

Tom Todd 

Don DelPorto 

Carson City, NV 

Icial Atay 

New Jersey 

Are pre-permit 

construction 

(PPC) activities 

allowed? 

Yes, if source 

demonstrates an 

economic 

hardship and is 

not subject to 

PSD. 

No. 

Yes, everything 

is allowed 

except hooking 

up units; only 

for sources not 

subject to PSD. 

Yes, everything 

is allowed 

except 

installation of 

units. 

No for major 

sources; unclear 

for minor 

sources. 

Yes, sources 

subject to PSD 

can clear land 

only. Sources 

subject to 

nonattainment 

NSR can clear 

land, pour 

foundations, and 

construct 

buildings. 

Are conditions 

different for 

greenfield vs. 

existing 

facilities? 

Not clear. 

No. 

No. 

Yes, it seems 

that additional 

PPC activities 

are allowed at 

existing sites. 

Are there 

"equity in the 

ground" 

considerations? 

Any PPC is at 

the risk of the 

source. 

Not clear. 

What is 

permitted is 

what will be 

allowed, nothing 

else. 

The owner is at 

risk for any PPC 

activities. 

Comments 

Two separate 

responses. 

This policy 

applies to 

Nevada Statewide. 
P.5 

Program/ 

Contact 

Randy Raymond 

Missouri 

San Joaquin 

AQMD, CA 

Seyed Sahdredin 

Bay Area 

AQMD, CA 

Steve Hill 

Are pre-permit 

construction 

(PPC) activities 

allowed? 

Yes, site 

preparation for 

major sources. 

There is a 

waiver available 

for minor 

sources that 

allows 

everything 

except 

operation. 

Yes, grading 

installation of 

foundations and 

utilities except 

for sources 

subject to PSD 

or Federal NSR. 

Yes, grading, 

installation of 

foundations and 

utilities except 

for sources 

subject to PSD 

or Federal NSR. 

Are conditions 

different for 

greenfield vs. 

existing 

facilities? 

Yes, some items 

prohibited at 

greenfield sites 

may already be 

at existing sites. 

Not clear, but I 

think it doesn't 

make a 

difference. 

Not clear, but I 

think it doesn't 

make a 

difference. 

Are there 

"equity in the 

ground" 

considerations? 

Any PPC 

activities must 

have a signed 

waiver saying 

the State has no 

liability. 

The owner is at 

risk for all PPC 

activities. 

The PPC 

activities 

allowed would 

be needed for. 

any kind of 

building. No 

real equity in the 

ground issues. 

Comments 

H