Construction permits allow an installation to construct, modify and initially operate an air emission source. Construction permits are required prior to commencing construction or modification of an emission source and may be obtained by submitting a completed application. Construction or modification may not begin until a construction permit has been issued. 

Section (7) – Nonattainment Area Major Permits

Projects at existing major sources with a net emissions increase over the minor levels in a nonattainment area would be subject to this review. Projects at new or existing minor sources with a net emissions increase over the major source threshold in a nonattainment area would be subject to this review. Nonattainment Area Major Permits require the application of Lowest Achievable Emission Rate (LAER) and requires emissions offsets.

For existing major sources, construction or modification that produces a net emissions increase of greater than the minor levels, the installation may request a voluntary limit to minor levels. In this case, the application would then be reviewed as a minor (Section 5) permit.

For new or existing minor sources, construction or modification that produces a net emissions increase of greater than the major source levels, the installation may request a voluntary limit to the major source levels. In this case, the application would then be reviewed as a minor (Section 5) permit. Modeling would be required for any emissions increase over the minor levels.

Section (8) – Attainment and Unclassified Area Major Permits

Projects at existing major sources with a net emissions increase over the minor levels in an attainment/unclassifiable area would be subject to this review. Projects at new or existing minor sources with a net emissions increase over the major source threshold in an attainment/unclassifiable area would be subject to this review. These permits are referred to as Prevention of Significant Deterioration (PSD) permits. PSD permits require the application of BACT and modeling to demonstrate compliance with the National Ambient Air Quality Standards (NAAQS). Plantwide Applicability Limits (PALs) are also subject to the requirements of Section (8).

For existing major sources, construction or modification that produces a net emissions increase of greater than the minor levels, the installation may request a voluntary limit to minor levels. In this case, the application would then be reviewed as a minor(Section 5) permit.

For new or existing minor sources, construction or modification that produces a net emissions increase of greater than the major source levels, the installation may request a voluntary limit to the major source levels. In this case, the application would then be reviewed as a minor (Section 5) permit. Modeling would be required for any emissions increase over the minor levels.

Section (9) – Major Case-by-Case Hazardous Air Pollutant Permits

Regulated activities include the construction or reconstruction of any new process or production unit that has the potential to emit greater than 10 tons per year of any single hazardous air pollutant (HAP) or greater than 25 tons per year of combined hazardous air pollutants; and that is not in a source category covered by a federal standard for reduction of hazardous air pollutant emissions under section 112 of the Clean Air Act of 1990.

Installations may request voluntary limits of 10 tons per year of any single HAP and 25 tons per year of combined HAPs. With the voluntary limits, the project would then be reviewed as a minor (Section 5) permit.

Length of Permit

Plantwide Applicability Limits expire after 10 years, all other Section (7), (8) and (9) permits do not expire. However, construction must begin within 18 months of the major permit issuance. The permit may be revoked if construction is not started within this timeframe. The applicant may apply for an extension for commencing construction as long as the conditions of 10 CSR 10-6.060 (3)(J)2.D are applicable.

Laws, Rules and Regulations

How to Apply

Applications

Fact Sheets

Fees

  • $5,000 filing
  • $2,500 filing for Plantwide Applicability Limits
  • $75 an hour review and modeling time, processing fee

Timeline/ Process

A pre-application meeting is required 30 days prior to application to discuss the nature of and apparent requirements of the potential permit application. Communication with the department in the early planning stages of the project helps prevent time delays during the permit review period. 

The department has 30 calendar days from receipt of the application to determine if the application is complete. 

State regulations require the department to issue a major new source review permit within 184 days of receipt of a complete application. If additional technical information is requested during the permit review, the time spent by the applicant preparing this information is not included in the 184 days. The public comment period and public hearing are both included in this 184-day period.

The applicant shall submit fees for the processing of the permit application within 90 calendar days of the final review determination, whether the permit is approved, denied, withdrawn, or not needed. After the 90 calendar days, the unpaid processing fees will have interest imposed upon the unpaid amount at the rate of 10 percent per annum from the date of billing until payment is made. Failure to submit the processing fees after the 90 calendar days will result in the permit being denied (revoked for portable installation location amendments) and the rejection of any future permit applications by the same applicant until the processing fee plus interest has been paid.

The permit does not expire. However, construction or modification work must commence within 18 months from the date of issuance for permits issued under Section (7), (8), or (9). 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.

Public Participation

For those applications subject to Section (7), (8), or (9) of this rule, the permit issuance process timeline of 184 days includes a 40-day public comment period with an opportunity for a public hearing and the period for the permitting authority’s response to comments that were submitted during the public comment period. 

The department will issue a draft permit and solicit comments and requests for a public hearing by publishing a notice in a newspaper of general circulation within or nearest to the county in which the project is proposed to be constructed or operated. In lieu of the newspaper notice, the notice may be an electronic notice posted on the department’s Air Public Notices website.

Any interested person may submit relevant information materials and views to the department, in writing, until the end of the 40 day after the date of publication of the notice for public hearing.

A public hearing shall be scheduled not less than 30 nor more than 40 days from the date of publication of the notice. The public hearing will be held by the department if a public hearing request is received within 28 days of the publication of the notice, otherwise the public hearing will be canceled. At the public hearing, any interested person may submit any relevant information, materials, and views in support of or opposed to the permit. The public hearing will be held in the county in which all or a major part of the proposed project is to be located.

The department consider all written comments submitted within the time specified in the public notice and all comments received at the public hearing, if one is held, in making a final decision on the approvability of the application. No later than 10 days after the close of the public comment period, the applicant may submit a written response to any comments submitted by the public. The department will consider the applicant’s response in making a final decision. The department will make all comments available for public inspection in the same locations where the department made available prehearing information relating to the proposed installation or modification. 

Further, the department will prepare a written response to all comments under the purview of the Air Pollution Control Program and make them available at the locations referred to previously. The department will make the final permit available for public inspection at the same locations where the department made available prehearing information and public comments relating to the installation or modification. The department will submit a copy of this final permit to EPA.

Administrative Hearing Commission

Anyone who is adversely affected by the director's decision to issue, deny, suspend or revoke a permit must appeal within 30 days of the decision to the Administrative Hearing Commission as provided by 621.250.3 RSMo. All appeals must be filed by petition and send to:

Administrative Hearing Commission
PO Box 1557
Jefferson City, MO 65102
Phone: 573-751-2422
Fax: 573-751-5018
Website: Administrative Hearing Commission

Requirements

After a permit has been granted, the owner or operator must furnish the permitting authority written notification of the actual date of initial start-up of a source operation or installation within 15 days of that date.

Air permit  modeling is required for each pollutant emitted above the de minimis level. Up to one year's ambient air monitoring may be required depending on the pollutants emitted. 

Reporting

Brief overview with link to appropriate reporting page

Renewal

Plantwide Applicability Limits must be renewed every 10 years. All other Section (7), (8) and (9) permits are not subject to renewal. 

Resources

Learn more about the department’s air construction permits and the potential to emit.

The Clean Air Act requires EPA to regulate two main types of pollutants - criteria pollutants and hazardous air pollutants from industrial facilities.

The existing potential emissions of the installation and the potential emissions of the project determine the type of permit required for the construction activity.

Additional Resources

•    Construction Permit Acronyms
•    Construction Permit Glossary
•    Standard Industrial Classification
•    List of Named Installations
•    New Source Performance Standards
•    National Emission Standard for Hazardous Air Pollutants
•    Maximum Achievable Control Technology
•    Federal Information Procedure System Code

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