Pre-Permit Construction Activities Allowed

NSR is a preconstruction requirement and therefore new major stationary sources and major modifications to existing stationary sources are prohibited from beginning actual construction prior to obtaining an NSR permit.

Begin actual construction is defined at 40 CFR § 51.166(b)(11) as "in general, initiation of physical onsite construction activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures. With respect to a change in method of operation this term refers to those on-site activities, other than preparatory activities, which mark the initiation of the change."

Applicants are strongly advised to request written determinations from the NCDAQ with respect to what activities "are of a permanent nature."

The NCDAQ provides these following determinations by the federal EPA for pedicogical purposes only. These determinations do not necessarily represent the position of the NCDAQ.

1995 Letter from EPA SSCD confirming that source may enter into binding agreements prior to receiving permit, but may not begin actual construction. [March 1986 Memo referenced in the 1995 Letter]