Air Major Construction Permit Sections (7), (8) & (9)

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 results in a net emissions increase greater than the minor levels, the applicant 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 results in a net emissions increase greater than the major source levels, the applicant 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) and the increment standards. Plantwide Applicability Limits (PALs) are also subject to the requirements of Section (8).

For existing major sources, construction or modification that results in a net emissions increase of greater than the minor levels, the applicant 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 results in a net emissions increase of greater than the major source levels, the applicant 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

• Federal Law: Federal Clean Air Act
• State Law: Missouri Air Conservation Law - Chapter 643.075, RSMo
• Code of State Regulations: Division 10 - Air Conservation Commission, 10 CSR 10
• Commission, Board, Council: Missouri Air Conservation Commission