Pre-Construction Permit (NOC)

ORCAA > Services > Pre-Construction Permit (NOC)

Common Actions that Trigger an Air Permit

Businesses (commercial businesses, industries, public utilities and institutions) are required to secure ORCAA’s approval through a Notice of Construction (NOC) permit application prior to any of the following actions:

  • Construction of installation of a new stationary pollution source
  • Modification that increases emissions (e.g. fuel changes, changes in chemical formulations, etc...)
  • Replacement or relocation of a pollution source
  • Replacement or alternation of an air pollution control device
  • Constructing or establishing a new stationary source of air pollution
  • Modifying or replacing any existing stationary source of air pollution
  • Replacing or substantially modifying any air pollution control device

A Stationary Source is any stationary process, building, structure, facility, or installation that emits or may emit any contaminant. This term does not include emissions resulting directly from internal combustion engines used for transportation purposes or from “nonroad engines” or “nonroad vehicles” as defined in Section 216 of the FCAA. A Modification is any physical change in, or change in the method of operation of, a stationary source that increases the amount of any air contaminant emitted or that results in the emission of any air contaminant not previously emitted.

Pre-construction permits are a requirement of the State Clean Air Act and is administered through Rule 6.1 of ORCAA’s regulations. The approval process is initiated by submittal of a NOC application and payment of the appropriate application filing fee. The approval process generally takes between 15 days to 60 days depending on the complexity and size of the proposed project and whether a public hearing is required. Application instructions and forms are available by calling ORCAA or by visiting the Forms download page.

You can find additional details about ORCAA’s Air Permits and Permit Requirements here (PDF document)

If you are not sure whether your planned project requires ORCAA’s approval through a NOC, please call ORCAA’s engineering department at (360) 539-7610 ext 108 or email Mark Goodin with a description of your planned project.