Texas Natural Resource Conservation Commission Interoffice Memorandum From: Steve Hagle, P.E. To: Permit Engineers Date: June 1, 1994 Subject: Extension for start of construction in Nonattainment Areas During our May teleconference with EPA Region 6, we were reminded that the September 3, 1992 transition guidance as it pertains to permit applications submitted prior to November 15, 1992 has several basic provisions for compliance. One of these provisions states that once we issue a permit, there can be no extensions of the permit expiration date unless the permittee is required to meet the new Part D New Source Review provisions. What this means is that we cannot grant an extension of the eighteen months to begin construction for any permit received prior to November 15, 1992 which is located in a current nonattainment area unless the applicant first demonstrates (through netting if necessary) that they would not have to get a nonattainment permit under the current rules. In addition, we cannot grant extensions for companies who have started construction, but have stopped and the break in construction will last longer than the allowed 18 months. We believe that this policy was aimed primarily at the "deadline beaters." However, we are not sure how this will affect applications which were received several months prior to the November 15, 1992 deadline. If you receive a request for an extension for any permit in which the original application was received prior to November 15, 1992 and the facility is located in a current nonattainment area please contact Skip Clark, Craig Richardson, Susan Blevins, Tammy Villarreal, Bruce Humphrey, or Steve Hagle. We will make a case-by-case decision on whether to extend these permits, probably after consulting with EPA Region 6. If you have any questions, please contact your section's representative in the group listed above. Also, please notify your representative if you know of an extension which has already been granted which would have at least required netting under the current nonattainment rules.