Air permits can be a lengthy and complex process for a facility and, if done incorrectly or hastily, can yield expensive fines from EPA. Here are some suggestions that have proven to make air permitting a little less painful.
- Visit the permitting authority early in the planning process to identify contacts and establish lines of communications.
- Determine which permits are required and which forms must be completed by talking to the regulatory authority.
- Cooperate with permitting authorities. Cooperation is the best approach to a permitting process that meets all requirements and satisfies the needs of owners, operators, regulators, and the public.
- Know project details and technical plans so that visits to the permitting authority are as productive as possible. Do not hide design details.
- Keep discussions with regulators technical in nature. Do not let personalities interfere with negotiations.
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- Anticipate emissions as accurately as possible and then request emissions levels that include a margin of safety.
- Know when and how to ask for help interpreting laws and regulations that are confusing or appear conflicting.
- Be honest, accurate, and complete when asking questions, submitting applications, and reporting emissions data to regulatory authorities.
- Recognize that local and state regulatory authorities may be understaffed for the existing workload and that obtaining a permit may be a long, tedious, and iterative technical process.
- Review permits previously issued by the regulatory authority for other facilities with similar design and emissions requirements. Understanding the terms and conditions of these permits and being aware of the basis on which permitting decisions were made can help in the development of a successful permitting strategy.
- Perform realistic cost estimates and conduct meaningful cost-benefit analyses.
- Involve attorneys in technical discussions with the regulatory authority only when necessary. Their presence may hinder or impede communication about technical issues.
- Recognize that the permitting authority has wide interpretive latitude. Present feasible, technical options for reducing emissions when proposed plans are unacceptable.
- Track the permitting process. Do not turn the permitting process over to a third party and then assume negotiations will proceed smoothly and without delay.
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- Establish clear exits from a project when it is apparent that the permitting process will not be successful.
- Formulate a plan with the regulatory authorities and stay focused on achieving the required milestones.
- Be open and objective with regulators and the public. Do not withhold information or be confrontational.
- Understand the position of the regulatory authority and focus only on issues that pertain to the permitting process.
- Negotiate permit terms and conditions. Reserve appeals for situations that are considered totally unacceptable or unrealistic.
- Persevere, but do not allow time to pass without action. Time wasted due to delays is usually not recovered.
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