Do I need an air permit? If so, which one? Which application forms are needed? Or do I need to submit a construction application?
Any business or industry (e.g. source) that emits or has the potential to emit pollutants into the air may be required to obtain an air permit from DEQ. DEQ issues permits for new sources, for existing sources, and for sources that are undergoing a modification to industrial processes. If your business resides in Lane County, contact the
Lane Region Air Protection Agency for assistance on air permitting questions.
Even when a permit is not required, many sources are required to submit a construction application (Notice of Construction, or NC) to DEQ. Construction notification rules (
Division 210) outline which types of construction projects must submit an NC application. DEQ has created an
Notice of Construction Fact Sheet to help explain when a construction application may be required. Generally, installing or constructing something which emits air pollutants will at least require an NC application and may require an air permit. See
Notice of Construction Instructions and
Notice of Construction Application Form.
DEQ staff are available for pre-application meetings upon request. Please contact the appropriate
DEQ regional office to request a meeting. If you would like DEQ to conduct a more in-depth review of your existing or proposed facility and provide a written determination regarding air permit applicability, you must submit an NC application.
Find the Right Permit Type for Your Business
DEQ designed a step-by-step process to assist a facility in determining if there is a need for an air permit and to identify the correct permit type. DEQ has four types of Air Contaminant Discharge Permits, listed here in order from lowest fees/complexity to highest fees/complexity: Basic ACDP, General ACDP, Simple ACDP, and Standard ACDP.
Review the table of Activities and Sources (find the link that says 'click here for PDF') to determine if your operations (existing or proposed) fit into any of the defined categories. Please be sure to consider all processes, activities and combustion equipment (e.g., engines, boilers, raw material transfer points, and fuels used) located at your facility, as well as size/rating, fuel type, and maximum throughput.
If your operations fit clearly into one of the categories, determine which 'part' of the list that category is located. The list is split into three parts: A (#1 – #8), B (#1 – #90), and C (#1 – #8).
- Part A activities and sources are eligible for DEQ's lowest level air permit, the Basic Air Contaminant Discharge Permit.
- Part B activities and sources are eligible for one of the next three levels of air permits: General, Simple, or Standard ACDP. This depends on the specific activities and complexity of your source.
- Part C activities and sources are required to apply for a Standard ACDP.
Please note that several categories may require technical air regulatory knowledge (e.g., estimating maximum potential emissions or determining applicability of different federal regulations). Consider contacting the appropriate
DEQ regional office to schedule a pre-application meeting if you have questions about specific categories on the list.
If your operations fit into category
A, go to step 3.
If your operations fit into category
B, C, OR multiple categories, go to step 4.
If all activities at your facility fit into Part A of the list, refer to application materials and resources located in Basic Air Contaminant Discharge Permits. Review the application materials and annual reporting form for your specific operation to see what information DEQ will likely require when issuing a permit or making a regulatory applicability determination.
Go to step 5.
If your operations fit into
multiple categories or in
Part B, review
General Air Contaminant Discharge Permits to see if a General permit exists for your industry type.
If your industry type has a General ACDP, review the permit, application materials, and annual report documents to see what information DEQ will likely require when issuing a permit or making a regulatory applicability determination. Specifically, review the qualifications conditions found on the first few pages of the General permit to understand whether your facility is eligible for the permit. Go to step 5.
If a General ACDP does not exist for your source (or your facility doesn't meet the qualification conditions in the General permit), you are required to obtain a Simple or Standard permit. DEQ writes these permits for a facility based on their specific operations and processes.
Operations that are found on Part C of the Table are required to apply for a Standard ACDP.
Review the
Simple and Standard ACDP forms for information requested that applies to your operations and equipment. DEQ will require a form for all emission producing activities and all control devices, specifically the 200 and 300 series forms for activities and control devices. All Simple and Standard permit applications will also require applicable 400 series forms.
Go to step 5.
Once you have identified the appropriate permit type and application forms, you can:
- Complete and submit the application materials with applicable fees by following directions on the application documents.
- Contact your local DEQ office with the identified forms and information to schedule a pre-application meeting; or
- If you don't believe a permit is required, submit an AQ104 Notice of Intent to Construct application with all applicable AQ series 200 and 300 forms (and 400 series forms as needed). Review the Notice of Construction fact sheet for more information.
*DEQ requires a completed Land Use Compatibility Statement from the local city or county planning department to issue any air permit and approve construction applications, except for portable sources. Depending on your area of the state, the time and fees required to obtain the LUCS approval from the city or county varies. DEQ recommends beginning this process as early as possible. This website is not a substitute for detailed discussions with DEQ staff or a complete reading of the rules and statutes. Sources that are unsure of the requirements after using this page should contact their
regional office to speak with a member of DEQ's air quality staff.