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:
- The applicant acknowledges that the project requested is not or will not be “major” (will not be subject to section (7) or (8) of 10 CSR 10-6.060, or Part C or D of the Act).
- The applicant states that construction at the site has not begun.
- The applicant accepts all liability associated with the possible denial of the permit application.
- The proposed schedule of construction activities has been provided.
- The permit application has been submitted.
A sample letter is available online.
Copies of the rules for the Permit Program are available online at the Secretary of State’s website.