Chemical Accident Prevention Program (CAPP) - Permitting Requirements
The owner, operator, or contractor that is responsible for the construction of a new CAPP process must obtain a Permit to Construct, prior to commencing process construction, AND a Permit to Operate, prior to process startup. Under the permitting process, NDEP verifies that the accident prevention and emergency response preparedness elements are developed and implemented to ensure CAPP compliance upon startup.
Note: That in order to recieve a "Permit to Construct" HAZMAT capability must be available 24-hours a day and provided by an organization that is not a volunteer fire department. This response must be provided by either a local fire department or the facility.
During the Permit to Construct phase, NDEP evaluates select design and construction issues, reviews the process hazard analysis, reviews the emergency response plan, and ensures that HAZMAT response capability is available. During the Permit to Operate phase, NDEP evaluates the remainder of the accident prevention program elements to ensure that they are developed and implemented to the extent possible, prior to startup.
This process must be initiated by the facility. NDEP recommends that the owner, operator or contractor that is proposing to construct a new process, review the Permit Processing Guide. Early discussion with NDEP is strongly encouraged. This is necessary, not only to clarify the scope of the permit, but also to ensure coordination with local building and fire departments and the appropriate time is allocated to the permitting process.
Forms and guidance related to the permitting process can be accessed from the menu below: