Construction permits require public notice for reasons listed in Regulation Number 3, Part B, Section III.C. The most common reasons are: New emission limits and/or limit increases in the draft permit trigger the requirement for public comment (25 tons per year in a nonattainment area or 50 tons per year in an attainment area.

• The source could possibly emit odor above the limits found in the Air Quality Control Commission Regulation Number 2.
• The source emits hazardous air pollutants at a level that requires them to follow the National Emissions Standards for Hazardous Air Pollutants (NESHAPS).
• The source is requesting a federally enforceable limit on potential emissions in order to keep yearly emissions low enough to not trigger other regulatory requirements. 
• The division decides that public comment is warranted. This decision may be based on the length of time of the operation, its location, the type and projected amount of emissions, the likelihood of public concern, or other relevant factors. 

If all emission standards and ambient air quality standards are met, we will grant an Initial Approval permit. The Initial Approval permit allows the source to construct and start operation. The source must start construction within 18 months from the date of issuance or the permit can automatically expire. 

Draft operating permits are published on our website and comments are requested for the following permit types:

• Significant modifications
• Initial permits
• Renewal permits and re-openings

All preconstruction permits that include Prevention of Significant Deterioration (PSD) and/or Nonattainment New Source Review Requirements (NANSR) are published on the division's website and comments from the public are requested.