Engr Jim Meyers, P.E. date 11-21-83 keys sp ex amendment esoc temporary limit Eighteen month time limits are on special exemptions and amendments. They are not good for all time. No special exemption or amendment can be temporary and this word should not be used as a condition of an exemption or amendment. Engr date 07-20-85 keys foundry amarillo soc building foundation A letter to Ford, Bacon & Davis from the Texas Air Control Board says that construction of a building to be used to contain process equipment is not start of construction provided that no actual construction begins on the foundations for the process units until such time as the necessary permits are obtained. Engr Lawrence Pewitt, P.E. date 03-20-89 keys sp ex permit esoc soc Special exemptions as a form of authorization for construction were replaced by special permits in 1985. These special exemptions do not have an indefinite time to begin construction. If a facility previously authorized for construction under a special exemption has not begun at this time, the special exemption may be considered void because construction of the facilities was not begun within a reasonable time period. engr Sam Crowther, P.E. date 06-12-89 keys start of construction soc Quantum, permit 4751, allowed civil work like removal, disposal of soil, backfill with soil for tank area; substation building; powerfeeder to substation; firewater mains and monitors; fencing, laydown areas, temporary power/water connections, site security; railroad spurs; control building; offsite piperacks. engr Lawrence Pewitt, P.E. date 03-26-90 keys time amendment esoc soc Each permit that is issued has time limits for beginning construction and completion of construction. In order to provide consistency for changes authorized under amendments, those time frames have been included in the permit/special permit amendment letters. This has been done so that we can have some assurance that these projects are completed in a reasonable time and our emission data base will be reasonably accurate. engr Sam Crowther, P.E. date 04-27-90 keys start of construction soc Fina needs to stabilize soil so it can bear a foundation. Jim Crocker says we have exempted tamping/packing of soil; Phillips Petroleum was allowed to drive partial piling to test load bearing of soil. Fina wants to drive all the piling and test soil bearing. Option is to remove all the soil, add cement and reinstall soil to harden. Senior management agrees that any soil preparation is not start of construction. Once soil and site are ready for foundations, the first scratch in the readied soil is start of construction. Piling exempted in this case. Engr Sam Crowther, P.E. date 06-07-90 keys start of construction soc piling foundation A letter to Fina about the placement of pilings is start of construction only for those facilities for which concrete foundations are not required. If concrete is to be used, start of construction begins when the digging begins in preparation for pouring a foundation. If concrete is not to be used and the stabilized soil is to be the foundation, then start of construction begins when the pilings or other work begins to stabilize the soil. engr Sam Crowther, P.E. date 06-12-90 keys amendment time esoc soc Legal says our rules do not mention a limit on the time that construction has to begin for an operating permit amendment. No time constraint carries over from an operating permit to an amendment to that permit. However, an amendment to a construction permit may be different since a condition on the permit certificate imposes an eighteen month deadline on start of construction and legal believes it can reasonably be argued that condition extends to all amendments to the construction permit. engr Sam Crowther, P.E. date 12-14-90 keys soc site preparation tank dikes drains Stormwater drainage canals can be put around a property as part of site preparation, but individual drainage culverts servicing specific process areas or tank dikes can not be considered site preparation. The tank dike and its culvert are appurtenances to the tank installation and should be considered as start of construction. Engr Sam Crowther, P.E. date 06-06-92 keys soc esoc extension The applicant has eighteen months after issuance of the permit to begin construction. Before the eighteen months runs out, the applicant can request an eighteen month extension of time. The extension has to be justified. Only this one extension is allowed by the staff. Any further extensions must be reviewed by the board. In considering the first extension, the staff can decide to reject it if there is new technology that needs to be negotiated with the applicant or new impacts issues that justify revisiting the basis for permit approval.