The following text is an abridged and edited transcript of the above video.
The air-permitting process can be long and complex, with lots of moving parts. However, permits are essential to any capital project, as any project with the potential to emit air contaminants requires a permit from the South Coast Air Quality Management District (SCAQMD), and permits need to be in hand before any construction can start. (See bullet #1 in our post “5 Things You Need to Know About Relocation and SCAQMD Permits.”)
We’ve used the following five strategies to simplify and expedite the permitting process for our clients. Over all, the main goal when going through the permitting process is to get the permit — and to get it as quickly as possible so our client can start construction.
1. Retain Staff Who Understand the Permitting Process [03:55]
Because of the complexity of the permitting process, you want to be sure that you have someone on staff, either that you hire or you contract with, who can guide you. By far the easiest way to do this is to hire or retain a certified permitting professional (CPP), which means they’ve been approved by the air district to prepare permits.
However, having a CPP on staff is not a prerequisite for preparing a permit. It simply helps. Anyone can prepare a permit application, but only those who understand the SCAQMD’s permitting process and how to prepare a complete permit application will be successful.
2. Discuss Your Permit With the SCAQMD [05:50]
Do this when it makes sense — and for that, you’ll have to use your own judgment. For example, if you’re simply installing a small boiler or engine, it may not make sense to talk to the SCAQMD about your project. On the other hand, if you’re trying to permit a more complex project, such as a power plant, you’re going to have a lot more hurdles to clear, so speaking with the SCAQMD should be on your to-do list.
A few points to discuss with the SCAQMD include:
- Is a particular piece of equipment exempt under SCAQMD Rule 219? Sometimes you run into situations where equipment appears to be exempt, but the situation isn’t clear-cut.
- Is the project subject to the California Environmental Quality Act (CEQA)? Chances are, if your project is subject to CEQA, you’ll already have knowledgeable staff at your facility, so this may be a simple question with a simple answer. But it can also be helpful to talk to the SCAQMD to see if your project is subject to or exempt from CEQA.
- How should you handle the new source review process? The SCAQMD can guide you through this, specifically the emissions standards or control technology that may be needed for your piece of equipment per the EPA’s Best Available Control Technology (BACT) guidelines. For example, you might ask, “If I have a 50 MMBTU/hour natural-gas boiler, what sort of emission standards do I need to meet? Does it have to be a low-NOx burner?” Having this discussion can help you decide what sort of equipment you need to purchase.
- What potential roadblocks can I expect? If you’re within a thousand feet of a school, for example, you have to undergo a public notification process, which could cause the community to create problems, such as requiring a stricter air-quality analysis. You might not even be aware of some of these obstacles until you talk to the SCAQMD.
- How can I expedite the permitting process? When you ask this question, you’re really asking, “What sort of data do you, the SCAQMD, need from me, to permit this piece of equipment as quickly as possible?” You might be surprised how helpful such a simple question can be.
3. Keep All Stakeholders Informed [10:32]
Permitting can impact folks across an entire organization, particularly those in operations, who will most likely be eager to start a new project, particularly one with high growth. If the maintenance team is in charge of purchasing equipment, you may have to instruct them not to make any purchases until you have the permit in hand. Then there’s the legal team, who may need to get involved if public notification is required.
These are just three examples, but we’ve seen cases where the permitting process affected numerous employees that the facility wouldn’t have expected to be involved. So be sure all key stakeholders are involved and informed.
4. Start Early [12:38]
When it comes to permits and equipment, you need to have realistic expectations about the amount of time it takes to get a permit, which is why you can never start too early. Even a preliminary discussion about purchasing equipment or changing a process can be a good time to start the permitting process — just in case. Because by the time a decision is made, those involved are going to want the permit as soon as possible. If you don’t start early enough, by the time you’ve reached the point where you need the permit, the permitting process may take too long, making the initiative no longer viable. So stakeholders need to be aware of the timeline so that they can have realistic expectations.
Timelines should also take into account reviews by regulatory agencies other than the SCAQMD. For example, Title V facilities undergoing the SCAQMD permitting process need to have their application or draft permit sent to the EPA for a 45-day review. The EPA review comes after the SCAQMD has approved and processed the permit, so as to give the EPA an opportunity to comment. If the EPA doesn’t respond during this period, the SCAQMD will mail your permit. Although it may be possible to shorten that 45-day window, your timeline should take it into account as a worst-case scenario.
5. Submit a Complete Permit Application [19:05]
Submitting a complete permit application is probably the most important thing that you can do to ensure success on your next project — and it can also help ensure you get your permit without complications. While that seems like a no-brainer, we’ve heard estimates that SCAQMD engineers spend 20 percent of their time going back and forth with applicants, trying to get more information. Submitting an incomplete application will only lengthen the permitting process — and the amount of time until you can start construction.
If you’re unsure how to properly complete a permit application, you can talk to the SCAQMD, hire a Certified Permitting Professional (CPP), or refer to the CPP manual.
Still having trouble preparing your permit application? Contact us and we’ll be glad to help you out.
