Construction permits allow an installation to construct, modify and 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 may not begin until a construction permit has been issued. In certain cases, an applicant may apply for a pre-construction prohibition waiver to begin construction prior to receipt of the approved permit.

Regulated activities include the following.

  • Construction of a new installation with potential emissions greater than the minor level and a project emissions increase below the major source threshold.
  • Construction or modification at an existing minor installation with existing potential emissions less than the minor level and a project emission increase over the minor levels.
  • Construction or modification at an existing minor installation with existing potential emissions above minor levels and a project emission increase over the insignificant emission exemption levels, but below the major source levels.
  • Construction or modification at an existing major installation with a project net emission increase below the minor levels, but above the insignificant emission exemption levels.
  • Existing installations with potential emissions greater than the major source threshold for New Source Review permitting do not qualify for minor permits unless the project emissions are solely hazardous air pollutants and a Maximum Achievable Control Technology standard applies to the equipment. 

Length of Permit

This permit does not expire. However, construction must begin within two years of the minor 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

Submit completed application to the Air Pollution Control Program electronically at CPAirApplications@dnr.mo.gov or by mail to Missouri Department of Natural Resources, Air Pollution Control Program, PO Box 176, Jefferson City, MO 65102-0176.

Fact Sheets

Fees

  • $250 filing fee
  • $75 an hour review and modeling time, processing fee

For information on how to pay the fee, contact the accounting section of the department's air program at DNR.APCPCreditCards@dnr.mo.gov.  

Timeline/ Process

A pre-application meeting is not required prior to application submittal; however, pre-application meetings or conference calls are encouraged for projects with potential emissions greater than the minor source levels for criteria pollutants or screening model action levels (SMALs) for Hazardous Air Pollutants (HAPs). These projects require refined air quality modeling and are more complicated in nature. 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 minor new source review permit within 90 days of receipt of a complete application. 

In addition to the application, the applicant shall supply the following supplemental information. 

  • Additional information, plans, specifications, drawings, evidence, documents and monitoring data that the permitting authority may require to verify applicability and to complete the permit application review.
  • Ambient air quality modeling data for all pollutants that exceed the minor source levels and/or the SMALs to determine the air quality impact due to the new construction or modification. 

If additional technical information is requested during the permit review, the time spent by the applicant preparing this information is not included in the 90 days. 

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

No public participation required. 

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

Modeling Requirements

Any construction or modification that has emissions increase greater than minor source levels or the hazardous air pollutant is greater than the Screening Model Action Levels and a Maximum Achievable Control Technology standard, which does not apply to the equipment, shall complete an air quality analysis for the affected pollutant. At minimum, the installation will demonstrate that the proposed construction or modification will not:

  • Interfere with the attainment or maintenance of NAAQS and the air quality standards.
  • Cause or contribute to an exceedance of the Risk Assessment Levels for all pollutants that exceed the Screening Model Action Levels.

Visit the department's Air Permit Modeling website for additional information.

Renewal

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. 

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