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August 9, 1989 LAER Determination for a Previously Constructed Source 26.10
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26.10 August 9,1989 MEMORANDUM SUBJECT: LAER Determination for a Previously Constructed Source FROM: John S. Seitz, Director Stationary Source Compliance Division Office of Air Quality Planning and Standards TO: Thomas J. Maslany, Director Air Management Division Region III
This is in response to your memorandum of November 8, 1988, requesting guidance on when LAER should be evaluated for a previously constructed source. To clarify what you stated in your November 8 memorandum, the permitting agency makes the initial LAER assessment at the time of the completed application. However, this is not to say that LAER determined at the time of complete permit application, since evaluation of LAER continues until the final permit is issued. With respect to sources subject to NSR but constructed without undergoing review, your second option applies. Making the initial LAER assessment should take into consideration any technologies, practices or SIP limits in effect as of the date of the complete permit. Consistent with our policy for BACT/LAER evaluation , failure of a source to commply with the permitting requirements is not a basis for grandfathering the date for determining the appropriate LAER determination is no made until the issuance of the final permit. If you have questions, please contact Scott Throwe of my staff at FTS382-2811. cc: Gary McCutchen, NSR Section |