Grandfathered facilities

In 1977, this Act was amended to extend the deadline of meeting the motor vehicle emissions standards. These amendments also made a first attempt to control stratospheric ozone and created the New Source Review, which required older grandfathered facilities to install pollution control technologies as they modernized. 

The January 2004 Consultation NAP invited stakeholders to comment on the proposed approach to installation-level allocations. Most individual respondents were unhappy with their allocations, for example because they thought the baseline period was unrepresentative, or that a grandfathering methodology was unfair in their case, or because they felt that special circumstances had not been taken into account. Many sites also argued that they had been classified within the wrong sector, or that a separate sector should be created for one or more sites.7 These and subsequent consultations led to various modifications to the facility-specific allocations as well as to the development of procedures for allocating allowances to new facilities. 

Clauses A.3.1 through A.3.8 provide eight different approaches used by owners/operators in the evaluation of the applicability of the grandfather clause. These methods are provided for illustrative purposes only. Owners/operators are responsible for developing a method for use at their facilities. 

A flow diagram (Figure A.1) is provided to illustrate the method discussed in this section. This method provides one approach for evaluating the grandfather status of an SIS. Alternative approaches can be used. The owner/operator should decide and document which approach is suitable for their process facility. 

Step 1. Define process facility grandfather clause application rules. 

Existing major sources as weU as newly constructed sources will require permits. Even those facilities and operations previously grandfathered from permit requirements will now be required to obtain permits. After the permit program is in full force, a facility will not be able to operate without both obtaining a permit and meeting the requirements stated in the permit. 

Owners often believe their facilities are grandfathered. While there may be a case for acceptance of certain specific non-conformities (with current codes) in a facility which is to remain unchanged, this cannot be taken for granted. Buildings in existence at the time of the adoption of the current UBC code may have their existing use or occupancy continued, if such use or occupancy was legal at the time of the adoption of this code, provided such continued use is not dangerous to life. (UBC 3401). 

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