Allowable Construction Activities Prior to Air Quality Construction Permit Issuance – Tennessee
Introduction
The Tennessee Department of Environment & Conservation (TDEC) requires any person wishing to construct an air contaminant source or to modifying an existing air contaminant source to obtain an air quality construction permit from the Tennessee Division of Air Pollution Control (APC). Although there are multiple available options to modify a Title V permit, this article will focus on the construction permit route. Air contaminant sources are classified as either major or minor sources depending their potential to emit pollutants. The question being addressed here is regarding what kinds of construction activities are allowable throughout the permitting process. For our purposes, the permitting process may be segmented into three (3) time periods:
- Before Construction Permit Application,
- After Construction Permit Application but Before Permit Issuance, and
- After Construction Permit Issuance.
1. What Can I Do Before Submitting a Construction Permit Application?
The rule that dictates what construction activities may or may not be performed throughout the process is from the Tennessee Air Pollution Control Rule 1200-03-09-.01(1)(a) which states that:
“…no person shall begin the construction of a new air contaminant source or the modification of an air contaminant source which may result in the discharge of air contaminants without first having applied for and received from the Technical Secretary a construction permit…”
It’s noteworthy that this rule does not directly address our question; therefore, best practice and general guidance must be utilized. Best practice during the initial stage of the permitting process (i.e., before submitting a permit application) is to perform little to no construction activities. It is recommended that activities during this stage remain limited to planning and sourcing.
2. What Can I Do After Submitting a Construction Permit Application?
TDEC has provided specific guidance regarding this period of the permitting process. Examples of activities that normally may occur prior to permit issuance are as follows:
- General site grading at the source location.
- Construction of a general slab, which does not include dedicated footers/foundations for specific equipment related to the air contaminant source.
- Construction of a general building at the source location.
- Installation of utility piping, conduit, wiring, etc., which does not include unique devices for specific equipment related to the project.
- On-site storage of process equipment in a location other than where it is ( eventually) to be operated.
This guidance is understood to be what TDEC considers best practice, however, it should be noted that this guidance is not legally binding. Ultimately, if any determinations are made by TDEC regarding compliance with construction permitting rules, the determinations will be made by applying the aforementioned rule [1200-03-09-.01(1)(a)] and any other applicable laws or regulations to the specific facts of a particular case. In any case, the safest way to proceed is to submit your construction permit application as soon as possible and begin construction activities after permit issuance when there are no limitations regarding the kinds of activities that are permissible if compliance with the construction permit is properly demonstrated.
If you are concerned about the compliance of your construction activities with the applicable state regulations referenced above or with your specific construction permit, please contact Carter Venable at Carter@StevensEHS.com.
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