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December 18, 1978 Interpretation of "Constructed" as it Applies to Activities Undertaken Prior to Issuance of a PSD Permit 14.4
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4.4
DATE: July 14, 1978 SUBJECT: PSD Requirements
FROM: Stuart N. Roth, Attorney
TO: Libby Scopino, (EN-341) On Monday, 10 July 1978, we spoke about the applicability of the recently published PSD regulations to a proposal submitted by the Seaview Petroleum Company. The primary issue concerned the meaning of 40 CFR Section 52.21(b) (2)(ii)(C) as applied to petroleum and petroleum product storage and transfer facilities. It was your advice that a change of the material stored or transferred would not be subject to the PSD regulations, not- withstanding the potential to increase emissions by the requisite amounts, if prior to 6 January 1975, the storage and transfer facilities were capable of handling the material intended to be stored and transferred, and that no change to a permit issued prior to 7 August 1977 would be required to allow such use. Please advise me immediately if your understanding of our conversation differs from that summarized above.
cc: Richard Biondi (EN 341) |