Construction permitting for air pollution sources originated in 1977 with the Clean Air Act Amendments primarily to address attainment and maintenance of the National Ambient Air Quality Standards (NAAQS). This created Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR) which can be found in 40 CFR Part 52.21 and Part 52.24, respectively. States were required to adopt and implement these regulations for facilities that wish to build or install air polluting equipment. Along with the federally enforced PSD construction permit, states also developed other types of air construction permitting.
What are the National Ambient Air Quality Standards (NAAQS)?
NAAQS are a set of standards for air quality which includes limits on carbon monoxide, lead, nitrogen dioxide, ozone, particle matter, and sulfur dioxide pollutants. These limitations are supposed to protect human health and the environment. These standards can be viewed at EPA’s website.
If the location of your facility is in an area that is in nonattainment with (not meeting) any NAAQS, special requirements will apply to your facility.
What are the Primary Construction Permitting Source Classifications
There are generally three (3) types of sources subject to construction permits. PSD, PSD-Avoidance, and Minor Source. The type of source depends on where the facility’s emissions are with respect to PSD thresholds.
| Major Source (PSD): | Potential to Emit (PTE) and Actual Emissions > the PSD thresholds PTE and Actual Emissions > 250 tons per year (tpy), but only 100 tpy for any facility whose operations are defined by one (1) of the 28 Source Categories which can be found in 40 CFR Part 52.21(b)(1)(i)(a). |
| Moderate Source (PSD-Avoidance): | PTE > 250 tpy (or 100 tpy) and Actual Emissions < 250 tpy (or 100 tpy) due to an operating restriction or emission limit taken by the facility to purposely stay below PSD thresholds. |
| Minor Source: | PTE and Actual Emissions < 250 tpy (or 100 tpy) without any restrictions or emission limits taken. |
Who is required to obtain an Air Construction Permit?
A facility that plans to construct or modify an air pollution source at a new or existing source may be subject to construction permitting. The type of construction permit required depends on the source classification of the facility and the state. Air construction permitting requirements vary state to state. However, no matter the situation, an emissions inventory and regulatory review is recommended to be completed well in advance to determine all permitting requirements, whether construction or operation.
When should a Construction Permit Application be submitted?
Complete applications should be submitted several months in advance of anticipated construction commencement. In some states this may be 6-12 months in advance. It is recommended to speak with your state’s air permitting department to discuss timelines and provide advance notice to the state, especially for PSD Permit applications.
What are the facility’s responsibilities after the Construction Permit is Issued?
Since a construction permit is required to build or install air polluting equipment, there may be only minimal monitoring and reporting requirements. Typically, construction permits require notification of the start of construct, completion of construction, start of operations, and maybe performance testing. It is important to understand that a construction permit may NOT authorize the operation of the air polluting equipment. The facility should also apply for an operating permit (if required) after applying for the construction permit, if not at the same time. Some states may combine construction and operating permits into one.
For questions or need assistance with Air Construction Permits, contact Environmental Compliance & Safety at:
- Phone: (662) 840 5945
- Website: https://envirocomp.net/contact/
