Pre-Construction Prohibition Waiver

Air Pollution Control Program fact sheet
Division of Environmental Quality Director: Ed Galbraith

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.