Construction Permitting Program

Before a new facility is built or before an existing facility is expanded or modified, an air quality construction permit may be required.  Under the construction permit program, facilities are required to obtain a construction permit before they purchase, construct, reconstruct or modify any air contaminant source or emission unit where there is a net increase in the potential to emit (PTE) pollutants above the following thresholds:

• 15 tons per year (tpy) of particulate matter 10 microns in diameter or smaller;
• 40 tpy of sulfur dioxide, sulfur trioxide, or any combination thereof;
• 40 tpy of nitrogen oxides;
• 40 tpy volatile organic compounds;
• 50 tpy carbon monoxide;
• 0.6 tpy lead; or
• 2.5 tpy of any single hazardous air pollutant (HAP) or 10 tpy of all HAPs combined.
  All incinerators, regardless of emissions, must have a construction permit.
  
  Potential emissions are based on operating the unit/source 24 hours per day at maximum capacity for twelve months or 8,760 hours.
  

Federal Construction Permits

Under certain circumstances, facilities may need to obtain a Federal construction permit.  In areas in attainment with the National Ambient Air Quality Standards (NAAQS), sources that meet the criteria below will need to obtain a Prevention of Significant Deterioration (PSD) permit.  In areas in non-attainment with the NAAQS, applicable facilities will need to obtain a New Source Review (NSR) permit.  Currently, the Omaha area is in attainment with all NAAQS.

In order for a facility qualify for a PSD or NSR permit, it must meet both of the following criteria:

1. The facility must have potential emissions of: 
• 100 tons per year (tpy) of any regulated PSD pollutant* if the source is one of 26 specific source categories listed in the PSD rules (40 Code of Federal Regulations (CFR) §52.21(b)) OR
• 250 tpy of any regulated PSD pollutant* for sources not specifically listed in the PSD rules, and
  
  
2. Have net emissions increases of:

• 25 tons per year of Particulate Matter (PM) or total suspended particulate (TSP) 
• 15 tons per year (tpy) of PM10 
• 40 tpy of SO2 or SO3 or any combination thereof, 
• 40 tpy of NOx (calculated as NO2), 
• 40 tpy VOC, 
• 100 tpy CO, or 
• 0.6 tpy Pb (lead) 
• Other pollutants with significance thresholds include fluorides, sulfuric acid mist, hydrogen sulfide (H2S), total reduced sulfur (TRS), and reduced sulfur compounds.
  
  *PSD pollutants include PM, PM10, NOx, SOx, CO, VOC, lead, fluorides, sulfuric acid mist, H2S, TRS, reduced sulfur compounds, municipal waste combustor organics, metals and acid gases, and municipal waste landfill emissions.
  

Permitting Process

If your planned facility or emission unit exceeds the levels requiring a construction permit, you must obtain a construction permit before you begin construction of the source or unit.  The permit review period can take several months, and is followed by a 30 day public comment period.  Therefore, it is highly recommended that you submit your completed application as early in the planning process as possible.  Contact OAQC at 402-444-6015 to schedule a pre-planning meeting with our staff.  

Minor Construction Permit Application

Minor Construction Permit Application

Permitting FAQs

NDEQ Construction Permitting Page

NDEQ's Rolling 12 Month Total Guidance Document

*If you have trouble reading or accessing the documents on this page, please contact OAQC at 402-444-6015.*