Air Construction Permits Guidance
Construction permits, also called New Source Review permits, are required for the construction of a new air pollution source, or modification of an existing source. Construction and modifications refer to activities that will increase air emissions and include changes in operation, addition of equipment, changes in fuel or raw materials and the relocation of previously permitted sources. Certain activities have been determined by the state to be a source of insignificant emissions and are exempt from permitting requirements per 10 CSR 10-6.061.
Construction permits allow an installation to construct and operate an air emission source. Construction permits are required prior to commencing construction of an emission source and may be obtained by submitting a completed Application for Authority to Construct to the Air Pollution Control Program. Construction may not begin until a construction permit has been issued. Therefore, it is recommended the applicant allow ample time for review and issuance of the permit in the planning stages of a project. In certain cases, an applicant may apply for a pre-construction prohibition waiver to begin construction prior to receipt of the approved permit.
A construction permit does not expire, although construction must begin, upon receipt of the construction permit, within 18 months for a major project and within two years for a minor project. Since construction permits have time requirements, a facility may need to obtain several construction permits if the sources of air emissions are installed at different times.
Note: The following information is not meant to be a tool to determine applicable federal and state regulations for a specific situation. The method of choice should always be a thorough review of the state and federal rules and regulations.
Introduction to Air Construction Permits
Discussion of Potential to Emit - Potential emissions are different from actual emissions.
Overview of the Permit Review Process
The existing potential emissions of the installation and the potential emissions of the project determine the type of permit required for the construction activity.
The Permitting Process - This document gives general information on how to determine what type of permit is needed.
Permit Applicability Determination Flow Chart for Criteria Air Pollutants
Permit Applicability Determination Flow Chart for Hazardous Air Pollutants
Projects Exempt from Construction Permitting
Summary of Permit Types
The Air Pollution Control Program issues several types of construction permits: Major, Minor and De Minimis permits, portable relocation permits, temporary permits, and permits-by-rule. Time restrictions, fees, necessary documents, etc. may vary depending on the type of permit required.
Permit Applicability Determination
Section (5) Permit Required
Section (6) Permit Required
Section (7) or (8) Permit Required
Section (9) Permit Required: Major New Source Review Hazardous Air Pollutant Permit
Permit by Rule Notifications (de minimis and minor new source review permits).
Portable Source Relocation Request
Temporary/Pilot Plant Permit
The Application Process - This document explains the steps that the air program takes to process air permit applications. Although permits differ, the process essentially is the same for all construction permit applications. There are five steps to the permit process.
Common Mistakes for Section (5) permits
Common Mistakes for Section (6) permits
Common Mistakes for Section (7) and (8) permits
Table of Hazardous Air Pollutants, Screening Model Action Levels and Risk Assessment Levels
Table of Hazardous Air Pollutants and Screening Model Action Levels
Standard Industrial Classification
List of Named Installations
New Source Performance Standards
National Emission Standards for Hazardous Air Pollutants
Maximum Achievable Control Technology
Federal Information Procedure System Code
Permit Modeling Guidance Note: this section is still under development