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Construction Permits

Congress established an air construction permitting program as part of the 1977 Clean Air Act Amendments (EPA). This permitting program requires stationary sources of air pollution to receive permits from the government before they start construction.

Air construction permits issued to a facility specify what conditions must be met to demonstrate compliance with state and federal air quality requirements.

Coastal Counties Require Additional Certification

If operations covered by construction permits involve land-disturbing activities in Beaufort, Berkeley, Charleston, Colleton, Dorchester, Georgetown, Horry or Jasper counties, then a Coastal Zone Consistency Certification may also be required prior to conducting the land-disturbing activities. Those eight coastal counties make up the Coastal Zone, which is under the jurisdiction of S.C. DHEC's Office of Ocean and Coastal Resource Management (OCRM).

Types of Construction Permits

DHEC's Bureau of Air Quality (BAQ) issues several types of construction permits depending on the process operation and emissions of the facility/project in question. Those permits include:

Minor source construction permits are issued for projects where potential emissions are below the major source permitting thresholds.

Synthetic minor construction permits are issued for projects where potential emissions are at or greater than major source threshold levels but the facility has requested a federally enforceable limit to restrict emissions. A facility's request for a synthetic minor construction permit is subject to public participation procedures outlined in S.C. Regulation 61-62.1, Section II (N).

Prevention of Significant Deterioration (PSD) (S.C. Regulation 61-62.5, Standard No. 7) applies to new major sources or major modifications at sources located in areas that are in attainment with the National Ambient Air Quality Standards (NAAQS) or are unclassifiable under 40 CFR 81.341. A facility's request for a major source permit is subject to the PSD public participation procedures.

Nonattainment New Source Review (S.C. Regulation 61-62.5, Standard No. 7.1).applies to new major sources or major modifications at sources located in areas designated "nonattainment" by the EPA for not meeting one or more of the National (primary or secondary) Ambient Air Quality Standards (NAAQS). A facility's request for a major source permit is subject to the Nonattainment New Source Review public participation procedures.

Minor Source Permit

Requesting a Minor Source Construction Permit

What Must I Submit to Request a Minor Source Construction Permit?
If the proposed project is minor, you will need to submit an application for a minor source construction permit.
Submit Forms D-2566, D-2567, D-2569, D-2570, and D-2573. Not only the forms, but any information required by the forms or instructions must be included for a construction permit application to be considered complete.

When Must I Submit a Construction Permit Application Request?
The BAQ recognizes timing is critical, so please contact BAQ engineering services division to discuss your project. (Email Christopher Hardee, P.E. or call him at (803) 898-4123.)
A construction permit must be issued by the BAQ before any actual construction begins; however, some pre-permit activities are allowed.

When Will I Receive My Permit?
Upon receipt of a complete construction application, the BAQ must review it within 90 days. The BAQ also has an expedited construction permit program that reduces the review time to 30 days. For either permitting route the time may be tolled if additional information is needed. 

Is a Public Notice Period Required?
No.

What Application Fees are Required?
There are no fees for a traditional permit. However, the expedited permit program requires a fee.

Synthetic Minor Permit

Requesting a Synthetic Minor Construction Permit

What Must I Submit to Request a Synthetic Minor Construction Permit?
The proposed project has the potential to emit at or above major source thresholds, but the facility is requesting a federally enforceable limit to constrain emissions below those thresholds.

Submit Forms D-2566, D-2567, D-2569, D-2570, D-2573. Not only the forms, but any information required by these forms or instructions must be included for a construction permit application to be considered complete.

When Must I Submit a Construction Permit Application Request?
The BAQ recognizes timing is critical, so please contact BAQ engineering services division to discuss your project specifics. (Email Christopher Hardee, P.E., or call him at (803) 898-4123.) A construction permit must be issued by the BAQ before any actual construction begins

When Will I Receive My Permit?
Upon receipt of a complete construction application, the BAQ must review it within 90 days. The BAQ also has an expedited construction permit program that reduces the review time to 65 days. For either permitting route the time may be tolled if additional information is needed.

Is a Public Notice Period Required?
Yes, a 30 day public notice period is required.

What Application Fees are Required?
There are no fees for a traditional permit. The expedited permit program requires a fee.

Major Source Permits

Requesting a Major Source Construction Permit

What Must I Submit to Request a PSD or Non Attainment New Source Construction Permit?
A major source permit is triggered if the project's potential emissions is at or above major source (or major modification) thresholds of any pollutant subject to the regulation. We recognize timing is critical, especially for these complex projects. A pre-application meeting is required, so please contact BAQ engineering services division. (Email Steven McCaslin, P.E., or call him at (803) 898-4123.) We request the meeting be held at least 90 days prior to the application submittal.

Please see our PSD brochure for more information.

When Will I Receive My Permit?
Upon receipt of a complete construction application, the BAQ must review it within 270 days. The BAQ also has an expedited construction permit program that reduces the time to 90-120 days. For either permitting route the time may be tolled if additional information is needed.

Is a Public Notice Period Required?
Yes, a 30 day public notice period is required.

What Application Fees are Required?
The expedited permit program requires a fee. However, no expedited permit program is available for Non Attainment New Source Review construction permits. The expedited permit program requires a fee.


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