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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.  

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

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

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.