Business Permits & Notifications

In general, your equipment or operation emits air pollution and requires an air permit if it involves or relies on any of the following:

• Combustion of fuel even if for emergency power generation.
• Chemical reactions including biochemical reactions such as fermentation and composting.
• Gasoline refining and distribution.
• Volatile organic compounds (VOCs) such as auto body painting.
• Handling or transportation of materials that contain or generate dust.
• Drying operations that generate odors or other air pollutants.

There are currently over 800 facilities located in ORCAA’s region with air pollution sources that register annually with the agency. Below is a partial list of the types of equipment and operations regulated by ORCAA:

Businesses, industries, institutions, public utilities, or municipalities may be required to apply for permits or submit notifications for the following actions:

Notice of Construction (NOC) – Required prior to the construction, installation, replacement, or modification of air pollution sources, emissions units, or air pollution control equipment in ORCAA’s region. See Business Assistance for most common businesses and Notice of Construction (NOC) Guidance section below for general instructions.

Portable Sources – Notice of Intent (NOI) – Must be submitted prior to operating a portable source installed at a specific site temporarily, not to exceed 12 consecutive months. The first time a portable source is installed and operated, a NOC is required. See Notice of Intent (NOI) Guidance – Portable Sources and Nonroad Engines below for more information.

Nonroad Engines – Notice of Intent (NOI) – Must be submitted prior to operating a nonroad engine with a cumulative maximum rated brake horsepower (BHP) greater than 500 BHP as required by WAC 173-400-035. See Notice of Intent (NOI) Guidance – Portable Sources and Nonroad Engines below for more information.

Small Unit Exemption – Notice of Intent (NOI) – Must be submitted to exempt new or modified equipment or operations that cause air pollution from air permitting on grounds that air pollutant emissions are insignificant. See Notice of Intent (NOI) Guidance – Small Unit Exemptions below for more information.

Air Operating Permit (AOP) – AOPs are permits issued to operate sources of air pollution that emit major quantities of air pollution. AOPs must be reissued every 5 years.

Asbestos & Demolition Notifications – Required prior to any asbestos project or demolition.

Burn Permits – Required prior to any open burning.

In addition to permits and registration, performance standards and other requirements may apply depending on the nature and types of equipment and operations. Performance standards and requirements for specific industry categories that are common air pollution sources are summarized in Business Assistance. Performance standards and other requirements are detailed in federal, state, and ORCAA regulations.

Businesses should also be aware of the general prohibitions and standards which apply universally to all equipment and activities that generate air emissions. See the Focus Sheet on this topic.

Focus Sheets

• When Is An NOC Required
• Completing The NOC Process
• Potential to Emit

Applying for an NOC Permit

To apply for a NOC permit, submit the following general forms and information:

1. NOC Form 1
2. Equipment Form for each air pollution source involved in your project. If an Equipment Form is not available, please provide a technical description of proposed equipment. The technical descriptions should include information on pollution control devices, fuel types, design capacities, design air flow rates, operating parameters, alternative operating scenarios such as start-up and shutdown, and any other information to the extent that it is needed to determine emission rates, emission control efficiencies or the applicability of regulations and standards.  If available, include with the NOC application a copy of the vendor brochure for the equipment.
3. SEPA Checklist or copy of a SEPA determination for your project
4. Process Flow Diagram
5. Site Map showing outlines and elevations of buildings, location of air pollution sources and property boundaries
6. NOC filing fees

For complex projects and projects that may result in significant increases in air pollutant emissions, an ambient air quality analysis and other information may also be required. Please contact ORCAA’s Engineering Staff  to find out if the following additional information and analyses may also be required:

1. Best Available Control Technology (BACT) Analysis
2. Air Pollutant Emissions Assessment – Form 4 & Form 5 (EPA Reminder About Inappropriate Use of AP-42 Factors)
3. Ambient Air Quality Analysis
4. Toxic Air Pollutant Analysis
5. Prevention of Significant Deterioration

NOI Review Process

Important Note for Portable Sources: Initial approval through a Notice of Construction (NOC) application, by ORCAA or another air agency in Washington, is required before a portable source can be relocated and operated under a NOI. After initial NOC approval, a NOI must be submitted prior to operating a portable source at each new location.

A complete NOI notification (including fees) must be submitted at least 15 days prior to relocating and operating a portable source or nonroad engines anywhere in ORCAA’s region.

1. ORCAA receives a complete NOI notification including NOI fees.
2. ORCAA staff reviews the project to ensure that all applicable local, state and federal air pollution regulations are addressed.
3. Prior to operation, ORCAA may issue a Regulatory Order establishing enforceable conditions of operation.
4. The applicant must operate the temporary portable source or nonroad engine in compliance with all applicable air pollution rules and regulations and all operating conditions in any Order issued to the temporary portable source or nonroad engine.

Submitting a NOI Notification

An NOI notification must contain the following forms and information:

1. NOI Form 1C for Portables OR NOI Form 1D for Nonroad Engines
2. Equipment Form for each portable air pollution source proposed
3. SEPA Checklist or copy of SEPA determination for your project
4. Process Flow Diagram
5. Site Map showing outlines and elevations of buildings, location of air pollution sources and property boundaries
6. NOI filing fee(s)

For complex projects and projects that may result in significant increases in air pollutant emissions, an ambient air quality analysis and other information may also be required. Please contact ORCAA’s Engineering Staff to find out if the following additional information and analyses may also be required:

1. Air Pollutant Emissions Assessment, Form 4 & Form 5
2. Ambient Air Quality Analysis
3. Toxic Air Pollutant Analysis

Equipment and operations that are air pollution sources, but don’t belong in any source category covered by a categorical exemption defined in ORCAA Rule 6.1(c), may be eligible under ORCAA Rule 6.4(a)(2) to submit a Notice of Intent (NOI) in lieu of a Notice of Construction application. The purpose of the NOI is to document ORCAA’s concurrence that a new or modified piece of equipment or operation is a de-minimis source of emissions and exempt from air permitting requirements. To qualify for a Small Unit Exemption, combined uncontrolled potential to emit from the proposed equipment or operations must be less than all the following emissions thresholds:

1. 0.5 tons per year of any criteria pollutant; and
2. 1.0 tons per year of total criteria pollutants and VOC combined; and
3. 0.005 tons per year of lead; and
4. De minimis values in WAC 173-460-150 for all toxic air pollutants; and
5. 1.0 tons per year of ozone depleting substances combined.

NOI Review Process for Small Unit Exemptions

A complete NOI Notification (including fees) must be submitted at least 15 days prior to constructing or establishing the new air pollution source or making the proposed modification.

1. ORCAA receives a complete NOI notification including fees.
2. ORCAA staff reviews the application to verify cumulative emissions from the source are less than the thresholds in ORCAA Rule 6.4(a)(2) (see above).
3. Within 15 days from receiving a complete NOI notification, ORCAA will send a letter with a final determination.

Submitting a NOI Notification for Small Unit Exemption

A NOI Notification for a Small Unit Exemption must contain the following forms and information:

1. NOI Form 1E for Small Unit Exemption
2. Description of the project including equipment types, sizes and materials used
3. Safety Data Sheets (SDS) for bulk liquid and solid materials used
4. Facility Emissions Summary – Form 4
5. Emissions of Hazardous Air Pollutants – Form 5
6. NOI filing fee for Exemption under ORCAA Rule 6.4(a)(2)

Application Assistance

See Business Assistance for information specific to industry categories that are common portable air pollution source. Also, you can contact ORCAA’s Engineering Staff directly to ask questions regarding your project.

SEPA is a state policy that requires state and local agencies to consider the likely environmental consequences of a proposal before approving or denying the proposal.

Enacted by the Washington Legislature in 1971, the State Environmental Policy Act – commonly called SEPA – helps state and local agencies in Washington identify possible environmental impacts that could result from governmental decisions such as:

• Issuing permits for private projects such as an office building, grocery store, or apartment complex.
• Constructing public facilities like a new school, highway, or water pipeline.
• Adopting regulations, policies, or plans such as a county or city comprehensive plan, critical area ordinance, or state water quality regulation.

Under SEPA, project proponents are usually asked to complete an environmental checklist. The checklist asks questions about the proposal and its potential impacts on the environment including:

• Air
• Animals
• Earth
• Energy
• Environmental health
• Land use
• Plants
• Public services
• Transportation
• Utilities
• Water

Read about SEPA more at the Washington State Department of Ecology (ECY) website. A detailed SEPA Checklist, with guidance documents, is available on the ECY site. Contact the ORCAA Engineering Department if you have specific concerns about SEPA for your project.

Ambient Air Quality Analysis Guidance (Ecology)

First, Second, and Third Tier Review of Toxic Air Pollution Sources (Chapter 173-460 WAC) (Ecology)

Industry-Specific Business Assistance (ORCAA)

National ambient air quality standards (NAAQS)

Nonattainment and maintenance areas in Washington State

Northwest International Air Quality Environmental Science and Technology Consortium (NW AIRQUEST) Background concentrations for PM₁₀, PM_2.5, NO₂, CO and SO₂

Prevention of Significant Deterioration Program (Ecology)

Support Center for Regulatory Atmospheric Modeling (EPA)

Toxic Air Pollutant (Chapter 173-460 WAC) (Ecology)

Contact ORCAA’s Engineering Department if you need any additional assistance.