Pre-Construction Prohibition Waiver

Air Pollution Control Program fact sheet
Division of Environmental Quality Director: Leanne Tippett Mosby

Construction permits are required for the construction of new air pollution sources, or the modification of existing air emission sources, prior to commencement of construction. Under certain conditions a facility may request a waiver, or variance, from this requirement prior to beginning construction in accordance with 10 CSR 10-6.060(1)(C). In order to qualify for a pre-construction prohibition waiver, a facility must meet all of the requirements on the following checklist. In particular, projects subject to section (7) or (8) or (9) reviews, without permit conditions, are not eligible for a waiver. If a pre-construction prohibition waiver is granted, construction on the facility may begin prior to the granting of the permit. Every effort is made to process these waivers in a timely manner.

The company receiving the waiver can not operate the constructed unit until, or unless, a valid permit is issued. In addition, the company receiving a waiver risks the expense and inconvenience of not being able to operate should the department decide to deny the permit.

To process an applicant’s request for a pre-construction waiver the applicant should write a letter or include in their application the following information or statements:

A sample letter is available online.

Copies of the rules for the Permit Program are available online at the Secretary of State’s website.