Intent to Construct

On August 19, 2003, Senate Bill 945, "Air Quality Permits," became law and applies to construction of any new facility and construction associated with the modification of a permit for an existing facility that commences on or after that date.

The bill specifies activities that may be undertaken prior to securing an air quality permit required under GS 143-215.108. It also requires a permittee to provide published notice of intent to alter or expand physical arrangement or operation of permitted facilities at least 15 days prior to that action and specifies contents of notice. A permittee who submits a notice of intent must pay a $200 fee. The bill specifies criteria for the Environmental Management Commission to consider in reviewing such notices of intent and requires the Commission to notify the permittee within 15 days of its determination as to whether the criteria have been met and whether the proposed alteration or expansion can commence.

The Division of Air Quality (DAQ) is providing the following construction guidelines to assist new permittees or applicants (Part I-A) and existing permittees or applicants (Part I-B). Part II is provided to assist the DAQ in the implementation of the bill. This guidance document also provides appendices that include a process flow chart, checklists, example letters, templates, and a copy of the General Statute 143-215.108A. This guidance document is provided only as guidance and does not represent DAQ policy.

Guidelines For Intent To Construct / (.doc)

Air Quality Construction Bill Process Flow Chart

Checklist for Public Notice in Newspaper AND Checklist for notice of intent to construct to North Carolina DAQ / (.doc)

   •     Acknowledgement & Request for missing information letter / (.doc)
   •     Construction prior to receipt of air permit - approval/disapproval letter / (.doc)
   •     Order to cease construction, alteration, or expansion letter / (.doc)

Notice of construction template prior to receipt of air permit - newspaper public notice / (.doc)

General Statute, North Carolina G.S. 143-215.108A

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