The Air Permit Process: Do’s and Don’ts

The Air Permit Process: Do’s and Don’ts

Facility subject to air permitting must follow certain procedural requirements during the initial permitting process and subsequent permit renewals. Otherwise, it risks losing the air permit and may need to reapply as a new source. Following is a bulleted list of procedural items that are very important for a valid air permit:

1. Equipment & Process must get a permit before starting construction.
   1. Minor source permit process can take about 6-9 months.
   2. Major permits permit process can take 18-24 months.
   3. If the source is exempt, it must be documented.
2. Air permit is a construction permit and a license to commence construction. Operating permits must to be obtained within one year after commencement of operation, if required. Operating permits have the same limits as a construction permit but can have additional recordkeeping and reporting requirements.
3. All permits have expiration dates and must be renewed in a timely manner.
   1. Must submit application by the due date, usually 180 days prior to expiration
   2. Allow additional time for administrative completeness
   3. Permit application shield is effective only if administratively complete before the due date. Otherwise, you may be operating without a permit after the permit expires and if a new permit is not yet issued.
   4. Never forget to renew the permit in a timely manner. You risk the permit to become null and void and have to re-permit (i.e., start at the beginning). That means current technology requirements may apply.
4. Permit applications must be signed by a Responsible Official (RO). Who is a RO?  An RO is either the President, or VP of the company; and not the EHS Manager.
5. For a permit to be valid it must go through public participation. This is a very Important. All sources, permitted or not, must go through public participation before commencing construction.
   1. Exempt sources are installed without a permit. Nonetheless, the exempt source list was created under the State Implementation Plan (SIP) and it went through extensive public review.
   2. Minor sources must go through public notice period. The process is dictated by the regulatory agency. EPA has delegated authority to the States through SIP.
   3. Major sources and modifications must go through public participation and EPA review.
6. After the application is submitted, if changes are needed, the facility must formally comment on its own draft permit during the public comment period.
   1. If changes are significant, the permit must go through public comment period again.
   2. Any comments submitted outside the public notice period are not formal or part of the record. Also, any opposition to the draft permit is answered only if the comment was received during the public comment period.
7. Permit decisions by the State can be challenged; usually by Non-Governmental Organizations (NGOs). The challenge must be filed within 30 days after the permit is issued. Unfortunately, the applicant is treated as a third party during these proceedings.
8. Initiating construction without a valid permit can result in a “cease and desist” order, penalties, and a long wait until a valid air permit is issued. Commencement of construction when the permit is under litigation is basically at the applicant’s own risk.
9. We know that an air permit is issued based upon the information provided in the application. If it is determined that an application was not representative of the operations, say a modification was presented as an insignificant activity to avoid public scrutiny, it can lead to significant penalties.

Biggest uncertainties during the air permitting process can be the public participation, NGO involvement, and/or the enforcement of the procedural requirements by the regulatory agency. It is important to know that a concerned citizen, an NGO, or a permit writer can derail your permitting schedule if procedural mistakes are made. Don’t take a chance with complex regulations by undertaking the air permitting in-house or using an inexperienced team. Work with a knowledgeable and experienced environmental consultant to avoid delays and hassles.

About the Author: Sam Joshi has 25 years of experience with air permitting and has successfully permitted assets, worth over $1.56 billion, during his career. He can be reached at (215) 389-2811.