West Richland Neighborhood as seen from above

Notice of Construction Program

Confused? Questions?

Arrange a pre-proposal meeting. We’re here to help.

(509) 783-1304

NOC Fee Schedule

Check out the fees for all the various stationary and portable sources.

Notice of Construction Program (Forms and Resources)

What are the requirements if my business is a new source of air pollution in Benton County or is modifying our existing source of air pollution?

Facilities that are located in Benton County and are:

  • installing new equipment that produces air pollution, or
  • modifying existing equipment that produces air pollution, or
  • changing fuel type (e.g. diesel to natural gas) or usage rates, or
  • changing an operation that would change the amount of air pollution produced, are required (RCW 70a.15.2210 and RCW 70a.15.2220) to go through a “New Source Review” (NSR) process.

This NSR is done through the Notice of Construction Program. NSR is a pre-construction program which means that the entire process, resulting in an Order of Approval, must be completed before construction begins.

Check the Washington Administrative Code requirements for a New Source Review

There are several steps to the process of acquiring a Notice of Construction approval.

Meeting with Benton Clean Air Agency

A pre-proposal meeting with the BCAA is a good way to start. At this meeting we can learn about your project and provide guidance as to what regulations would apply, and how to meet them. BCAA can provide guidance and information on how to determine potential emissions, and how to best mitigate them.

SEPA Process

Washington State policy that requires state and local agencies to consider the likely environmental consequences of a proposal before approving or denying the proposal. Benton Clean Air is not usually the SEPA lead in a project, generally the county or one of the cities takes that role. Please don’t hesitate to contact us for guidance on your SEPA applications.

First, a SEPA Checklist and a Determination of Non-Significance (DNS) are required before the BCAA can allow the facility to operate. This is a state requirement on the BCAA. Generally, other agencies, such as the county or cities, will have already issued a DNS for a project. If not, then the BCAA can issue a DNS.  Usually if a DNS does not exist, the process will take a minimum of fourteen (14) days to issue the DNS. Facilities should plan for this potential delay.

SEPA Handbook

SEPA Checklist

NOC Process

Once the DNS is in place, the owner or operator of the facility next files a Notice of Construction, or NOC, application to the BCAA. The most common facility operations have forms specific to the operation; facilities that are not specifically listed can use the “General NOC” form.

Information that should be submitted with an application

The application should be submitted on the Notice of Construction and Application for Approval form provided by Benton Clean Air. The application should describe the air contaminant source, any connected equipment, and be accompanied by:

  • completed and signed forms
  • a set of plans that fully describes the proposed source, including distance and height of buildings within 200 feet of the source,
  • the estimated emissions that will result from the proposal, or sufficient information for Benton Clean Air to calculate the expected emissions,
  • the proposed means for control of emissions,
  • the base fee, and
  • a SEPA checklist or DNS (see above)

After the NOC application has been submitted and the application fee paid, the BCAA has 30 days to review the application and to determine if it is complete. If the application is determined to be incomplete, the 30-day clock is reset. Therefore, it is in the best interest of the source that the application is complete and accurate.

Once determined to be complete, the BCAA has 60 days to issue an Order of Approval (permit) to operate. Usually the process is less than 60 days, but in some cases, especially in unusual or complicated facilities, the process may last longer.