NEBRASKA ADMINISTRATIVE CODE 

Title 129 – Nebraska Air Quality Regulations 

Chapter 19 – Prevention of Significant Deterioration of Air Quality (PSD) 

19-1 

001 The following subsections of 40 CFR 52.21 published on July 1, 2009 are 

incorporated by reference into Chapter 19 of Title 129: (b) (34), (35), (36), (37), and 

(38) definitions related to clean coal technology demonstration projects; (e) Restrictions 

on area classifications; and (g) Redesignation. 40 CFR 52.21 (p), “Sources impacting 

Federal Class I area”, as published at 75 Federal Register 64906 is incorporated by 

reference into Chapter 19 of Title 129. 

002 The requirements of this chapter apply to the construction of any new major 

stationary source or the major modification of any existing major stationary source, as 

defined in Chapter 2, section 008. The provisions of this chapter apply only to sources 

located in areas designated as attainment or unclassifiable. Sources not subject to PSD 

review may still require a construction permit pursuant to provisions in Chapter 17. 

003 Prior to beginning actual construction of a new major stationary source or a major 

modification of an existing major stationary source, the owner or operator must obtain a 

permit, issued by the Department, stating that the source will comply with the 

requirements of this chapter. 

004 For any construction project at an existing major stationary source, the owner or 

operator must determine if the project is a major modification for a regulated NSR 

pollutant by assessing the following criteria: 

004.01 The status of each relevant emissions unit, either new or existing, as 

defined in Chapter 1, section 051. 

004.02 The baseline actual emissions (BAE) for each unit, as defined in section 

005. 

004.03 The projected actual emissions (PAE) or potential to emit (PTE) for each 

unit, as defined in sections 006 and 007. 

004.04 Whether the emissions increase (PAE (or PTE) minus BAE) is significant, 

as defined in section 008. 

004.05 If the emissions increase is significant, whether the net emissions 

increase, as defined in section 009, is significant as defined in section 010.
Title 129 

Chapter 19 

19-2

005 Baseline actual emissions (BAE) for a new unit is defined in section 005.12. BAE 

for an existing emissions unit means the average rate, in tons per year, at which an 

emissions unit actually emitted the regulated NSR pollutant during any consecutive 24-

month period selected by the owner or operator that is representative of normal source 

operation and that meets the following criteria: 

005.01 For units at an electric utility steam generating unit, within the five year 

period immediately preceding when the owner or operator begins actual 

construction of the project, unless the Department determines that a different time 

period within the preceding ten years is more representative of normal source 

operations. 

005.02 For all other units, within the ten-year period immediately preceding either 

the date the owner or operator begins actual construction of the project, or the 

date a complete permit application is received by the Department for a permit 

required under this section, whichever is earlier. 

005.03 In no case may the consecutive 24-month period begin before January 1, 

1996. 

005.04 The average rate per unit shall include emissions associated with 

startups, shutdowns, and malfunctions. 

005.05 Fugitive emissions.:

005.05A The average rate per unit shall include fugitive emissions, to the 

extent quantifiable, for sources belonging to one of the categories listed in 

Chapter 2, sections 002.01 through 002.27. Fugitive emissions shall be 

considered quantifiable if emission factors are available or if emissions can 

be calculated using mass balance equations or other means deemed 

acceptable to the Department. 

005.05B The average rate per unit shall not include fugitive emissions for 

sources not belonging to one of the categories specified in section 005.05A. 

005.06 The average rate per unit shall be adjusted downward to exclude any 

non-compliant emissions that occurred while the source was operating above any 

emission limitation that was legally enforceable during the consecutive 24-month 

period. 

005.07 The average rate per unit shall be adjusted downward to reflect any 

regulatory changes becoming effective since the beginning of the consecutive 24-

month period that would have required reduced emissions for any of the emissions 

units being changed if the regulatory changes had been in effect during the 

consecutive 24-month period. 
Title 129 

Chapter 19 

19-3

005.08 When a project involves multiple emissions units, only one consecutive 

24-month period must be used to determine the BAE for the emissions units being 

changed. A different consecutive 24-month period can be used for each regulated 

NSR pollutant. 

005.09 The average rate per unit shall not be based on any consecutive 24-

month period for which there is inadequate information for determining annual 

emissions or for measuring non-compliant emissions, in tons per year. 

005.10 BAE shall be calculated using the following methodologies in this order of 

preference where possible: 

005.10A Continuous Emissions Monitors (CEMS) complying with 

requirements in Chapter 34. 

005.10B Predictive Emissions Monitors (PEMS) complying with 

requirements in Chapter 34. 

005.10C Source-specific stack test data, if such stack test occurred during 

the baseline period. 

005.10D Emission factors as defined in Chapter 6, sections 003.03 and 

003.04. 

005.10E Mass Balance 

005.11 Other methodologies or a different order of preference of methodologies 

than those listed in 005.10 may be used to calculate the BAE with prior 

concurrence of the Department. 

005.12 For a new emissions unit, the BAE for purposes of determining the 

emissions increase that will result from the initial construction and operation of 

such unit shall equal zero; and thereafter, for all other purposes, shall equal the 

unit’s PTE. 

005.13 For a PAL for a stationary source, the BAE shall be calculated in 

accordance with the procedures contained in section 005.01 through 005.12. 

006 Projected actual emissions (PAE) is the maximum annual rate, in tons per year 

(consecutive 12 month period), at which an existing emissions unit is projected to emit a 

regulated NSR pollutant in any one of the five years following the date the unit resumes 

regular operation after the project. If the project involves increasing the emissions unit’s 

design capacity or its potential to emit the regulated NSR pollutant, and full utilization of 

the unit would result in a significant emissions increase or a significant net emissions 

increase at the major stationary source, the PAE is the maximum annual rate in any one 
Title 129 

Chapter 19 

19-4

of the ten years following the date the unit resumes regular operation after the project. 

To determine PAE, the owner or operator: 

006.01 Shall consider all relevant information, including but not limited to the 

source’s historical operational data, its own representations, expected business 

activity and highest projections of business activity, compliance plans, and filings 

with state or federal regulatory authorities; and 

006.02 Shall include emissions associated with startup, shutdown, and 

malfunctions. 

006.03 Shall consider fugitive emissions as follows:.

006.03A The average rate per unit shall include fugitive emissions, to the 

extent quantifiable, for sources belonging to one of the categories listed in 

Chapter 2, sections 002.01 through 002.27. Fugitive emissions shall be 

considered quantifiable if emission factors are available or if emissions can 

be calculated using mass balance equations or other means deemed 

acceptable to the Department. 

006.03B The average rate per unit shall not include fugitive emissions for 

sources not belonging to one of the categories specified in section 006.03A. 

006.04 Shall exclude, in calculating any increase in emissions that results from 

the particular project, that portion of the unit’s emissions following the project that 

an existing unit could have accommodated during the consecutive 24-month 

period used to establish the BAE and that are also unrelated to the particular 

project, including any increased utilization due to product demand growth. The 

Department shall provide guidance for use by the owner or operator to determine 

the amount of emissions that may be attributed to demand growth. 

006.05 May, in lieu of using the method set out in sections 006.01, 006.02, 

006.03, and 006.04, elect to use the emissions unit’s potential to emit (PTE), in 

tons per year, as defined in section 007. 

007 Potential to emit (PTE) is the maximum capacity of a major stationary source to 

emit a regulated NSR pollutant under its physical and operational design. Any physical 

or operational limitation on the capacity of the source to emit such a pollutant, including 

air pollution control equipment and restrictions on hours of operation or on the type or 

amount of material combusted, stored, or processed, shall be treated as part of its 

design if the limitation or the effect it would have on emissions is federally enforceable. 

Secondary emissions do not count in determining the potential to emit of a stationary 

source. 

008 Calculating significant emissions increase of a regulated NSR pollutant. 
Title 129 

Chapter 19 

19-5

008.01 Actual-to-projected-actual applicability test for projects that only involve 

existing emissions units. A significant emissions increase of a regulated NSR 

pollutant is projected to occur if the sum of the difference between PAE and BAE, 

for each existing emissions unit, equals or exceeds the significant amount for that 

pollutant, as described in section 010. 

008.02 As an alternative to section 008.01, the actual-to-potential test may be 

used for projects that only involve existing emissions units. A significant emissions 

increase of a regulated NSR pollutant is projected to occur if the sum of the 

difference between the PTE from each existing emissions unit following 

completion of the project and the BAE of these units before the project equals or 

exceeds the significant amount for that pollutant, as described in section 010. 

008.03 Actual-to-potential test for projects that only involve construction of a new 

emissions unit(s). A significant emissions increase of a regulated NSR pollutant is 

projected to occur if the sum of the difference between the PTE from each new 

emissions unit following completion of the project and the BAE of these units 

before the project equals or exceeds the significant amount for that pollutant, as 

described in section 010. 

008.04 Hybrid test for projects that involve multiple types of emissions units. A 

significant emissions increase of a regulated NSR pollutant is projected to occur if 

the sum of the emissions increases for all emissions units involved in the project 

(using the methods specified in sections 008.01, 008.02, and 008.03) equals or 

exceeds the significant amount for that pollutant, as described in section 010. 

008.05 For any major stationary source with a Plant-wide Applicability Limit 

(PAL) for a regulated NSR pollutant, the major stationary source shall comply with 

the requirements in section 011. 

009 If a project results in a significant emissions increase as calculated in section 

008, then a determination must be made as to whether the project also results in a 

significant net emissions increase. The net emissions increase is the amount over zero 

of the sum of the emissions increase and any other increases and decreases in actual 

emissions at the major stationary source that are contemporaneous (as defined in 

section 009.01) with the project and are otherwise creditable. BAE for calculating such 

increases and decreases shall be as defined in section 005. 

009.01 An increase or decrease in actual emissions is contemporaneous with the 

increase from the project for which an emissions increase has been calculated in 

section 008 only if it occurs between the date five years before the source begins 

actual construction (as defined in Chapter 1, section 023) of the project and the 

date that the increase from the project occurs. 
Title 129 

Chapter 19 

19-6

009.02 An increase or decrease is creditable only if the Department has not 

relied on it in issuing a PSD permit for the source which was in effect when the 

increase from the project occurred. 

010 Significant means, in reference to an emission increase or a net emissions 

increase or the potential of a source to emit any of the following pollutants, a rate of 

emissions that would equal or exceed any of the following rates: 

010.01 Carbon monoxide: 100 tons per year; 

010.02 Nitrogen oxides: 40 tons per year; 

010.03 Sulfur dioxide: 40 tons per year; 

010.04 Particulate matter (PM): 25 tons per year; 

010.05 PM10: 15 tons per year; 

010.06 PM 2.5: 10 tons per year of direct PM2.5 emissions; 40 tons per year of 

sulfur dioxide emissions; 40 tons per year of nitrogen oxide emissions; 

010.07 Ozone: 40 tons per year of volatile organic compounds or nitrogen 

oxides; 

010.08 Lead: 0.6 tons per year; 

010.09 Fluoride: 3 tons per year; 

010.10 Sulfuric acid mist: 7 tons per year; 

010.11 Hydrogen sulfide (H2S): 10 tons per year; 

010.12 Total reduced sulfur compounds (including H2S): 10 tons per year; 

010.13 Reduced sulfur compounds (including H2S): 10 tons per year; 

010.14 Municipal waste combustor organics (measured as total tetra- through 

octa- chlorinated dibenzo-p-dioxins and dibenzofurans): 3.2 x 10-6 megagrams per 

year (3.5 x 10-6 tons per year); 

010.15 Municipal waste combuster metals (measured as particulate matter): 14 

megagrams per year (15 tons per year); 

010.16 Municipal waste combuster acid gases (measured as sulfur dioxide and 

hydrogen chloride): 36 megagrams per year (40 tons per year); 
Title 129 

Chapter 19 

19-7

010.17 Municipal solid waste landfills emissions (measured as nonmethane 

organic compounds): 45 megagrams per year (50 tons per year);

010.18 For any regulated NSR pollutant not listed in sections 010.01 through 

010.17: any increase is significant. 

011 Actuals PALs. The term “Plantwide Applicability Limitations” (PAL) refers to an 

“actuals PAL” in the following sections. The Department may approve a PAL in 

accordance with the following requirements: 

011.01 A PAL may only be approved for an existing major stationary source. 

011.02 The PAL shall impose an annual emission limitation in tons per year that 

is enforceable as a practical matter, for the entire major stationary source. For 

each month during the PAL effective period after the first 12 months of 

establishing a PAL, the major stationary source shall show that the sum of the 

monthly emissions from each emissions unit under the PAL for the previous 12 

consecutive months is less than the PAL (a 12-month average, rolled monthly). 

For each month during the first 11 months from the PAL effective date, the major 

stationary source owner or operator shall show that the sum of the preceding 

monthly emissions from the PAL effective date for each emissions unit under the 

PAL is less than the PAL. 

011.03 Any physical change or change in the method of operation of a major 

stationary source that maintains its total source-wide emissions below the PAL 

level, meets all requirements in section 013 and complies with the provisions of 

the construction permit establishing the PAL: 

011.03A Is not considered a major modification for the PAL pollutant; and 

011.03B Is not subject to the provisions in Chapter 19, sections 024.02. 

011.04 Except as provided under section 011.03B, a major stationary source 

shall continue to comply with all applicable Federal or State requirements, 

emission limitations and work practice requirements that were established prior to 

the effective date of the PAL. 

011.05 Permit application to establish a PAL. An owner or operator of a major 

stationary source wishing to establish a PAL must submit to the Department the 

following information: 

011.05A A list of all emissions units at the source and each unit’s 

designation as small, significant or major based on its PTE. 

011.05B An indication of which, if any, Federal or State applicable 

requirements, emission limitations, or work practices apply to each unit and, 
Title 129 

Chapter 19 

19-8

if any do so, whether such requirements, emission limitations, or work 

practices were taken to comply with BACT. 

011.05C Calculations of the BAE with supporting documentation. 

011.05D The calculation procedures that the major stationary source 

owner or operator proposes to use to convert the monitoring system data to 

monthly emissions and annual emissions based on a 12-month rolling total 

for each month as required by 011.12. 

011.06 The PAL shall be established in a construction permit in accordance with 

Chapter 17. The construction permit establishing the PAL shall include the 

following information and conditions: 

011.06A The PAL shall include fugitive emissions, to the extent 

quantifiable, from all emissions units that emit or have the potential to emit 

the PAL pollutant at the major stationary source. 

011.06B Each PAL shall regulate emissions of only one pollutant. 

011.06C Each PAL shall have an effective period of 10 years. 

011.06D The owner or operator of the major stationary source with a PAL 

shall comply with the monitoring, recordkeeping, and reporting requirements 

provided in sections 011.12, 011.13, and 011.14 for each emissions unit 

under the PAL throughout the PAL effective period. 

011.06E The PAL pollutant and the applicable source-wide emissions 

limitation in tons per year. 

011.06F The PAL effective date and expiration date. 

011.06G Specification that if the owner or operator of the source with a 

PAL applies to renew a PAL in accordance with section 011.15 before the 

end of the PAL effective period, then the PAL shall not expire at the end of 

the PAL effective period. It shall remain in effect until a revised permit 

renewing the PAL is issued or denied by the Department. 

011.06H A requirement that emission calculations for compliance 

purposes include emissions from startups, shutdowns and malfunctions. 

011.06I A requirement that, once a PAL expires, the major stationary 

source is subject to the requirements under section 011.18. 

011.06J The calculation procedures that the owner or operator of the 

source shall use to convert the monitoring system data to monthly emissions 
Title 129 

Chapter 19 

19-9

and annual emissions based on a 12-month rolling total for each month as 

required by section 011.12. 

011.06K A requirement that the major stationary source owner or operator 

monitor all emissions units in accordance with the provision under section 

011.12. 

011.06L A requirement to retain the records required under section 011.13 

onsite. Such records may be retained in an electronic format. 

011.06M A requirement to submit the reports required under section 011.14 

by the required deadlines. 

011.06N At no time (during or after the PAL effective period) are emissions 

reductions of a PAL pollutant that occur during the PAL effective period 

creditable as decreases for purposes of offsets under Chapter 17, section 

013.03, unless the level of the PAL is reduced by the amount of such 

emissions reductions and such reductions would be creditable in the 

absence of the PAL 

011.06O Any other requirements that the Department deems necessary to 

implement and enforce the PAL. 

011.07 Setting the PAL emissions level. The PAL level for a major stationary 

source shall be established as the sum of the BAE of the PAL pollutant for each 

emissions unit at the source; plus an amount equal to the applicable significant 

level for the PAL pollutant under section 010 or under the Act, whichever is lower. 

Emissions associated with units that were permanently shut down after the 24-

month period used for the BAE must be subtracted from the PAL level. Emissions 

from units on which actual construction began after the 24-month period must be 

added to the PAL level in an amount equal to the PTE of the units. The 

Department shall specify a reduced PAL level in tons per year in the construction 

permit establishing the PAL to become effective on the future compliance date(s) 

of any applicable Federal or State regulatory requirement(s) that the Department is 

aware of prior to issuance of the construction permit establishing the PAL. 

011.08 During the PAL effective period, the Department is required to reopen the 

construction permit to: 

011.08A Correct typographical or calculation errors made in setting the 

PAL or to reflect a more accurate determination of emissions used to 

establish the PAL. 

011.08B Reduce the PAL if the owner or operator of the major stationary 

source creates creditable emissions reductions for use as offsets under 

Chapter 17, section 013.03. 
Title 129 

Chapter 19 

19-10

011.08C Revise the PAL to reflect an increase in the PAL as provided in 

section 011.11. 

011.09 During the PAL effective period the Department may, at its discretion, 

reopen the construction permit to: 

011.09A Reduce the PAL to reflect newly applicable Federal requirements 

with compliance dates after the PAL effective date. 

011.09B Reduce the PAL consistent with any other requirement, such as 

statute, rule, or court decision that is enforceable as a practical matter. 

011.09C Reduce the PAL if the Department determines that a reduction is 

necessary to avoid causing or contributing to a NAAQS or PSD increment 

violation, or to an adverse impact on an Air Quality Related Values (AQRV) 

that has been identified for a Federal Class I area by a Federal Land 

Manager and for which information is available to the general public. 

011.10 Except for the permit reopening to correct typographical errors or 

calculation errors that do not increase the PAL level, all reopenings shall be 

carried out in accordance with public participation procedures in Chapter 14. 

011.11 Increasing a PAL emission limitation during the PAL effective period. 

011.11A A PAL emission limitation may be increased during the PAL 

effective period only if the owner or operator of the major stationary source 

complies with the following: 

011.11A1 The owner or operator shall submit a complete construction 

permit application to request an increase in the PAL limit for a PAL 

major modification. The application shall identify the emissions unit(s) 

contributing to the increase in emissions so as to cause the major 

stationary source’s emissions to equal or exceed its PAL. 

011.11A2 As part of this application, the owner or operator shall 

demonstrate that the sum of the BAE of the small emissions units, plus 

the sum of the BAE of the significant and major emissions units 

(assuming application of BACT equivalent controls), plus the sum of the 

allowable emissions of the new or modified emissions unit(s), exceeds 

the PAL. The level of control that would result from BACT equivalent 

controls on each significant or major emissions unit shall be determined 

by conducting a new BACT analysis at the time the application is 

submitted, unless the emissions unit is currently required to comply with 

a BACT requirement that was established within the preceding 10 

years. In such a case, the assumed control level for that emissions unit 
Title 129 

Chapter 19 

19-11

shall be equal to the level of BACT with which that emissions unit must 

currently comply. 

011.11A3 The owner or operator must obtain a major PSD permit for 

all emissions unit(s) identified in section 011.11A1, without regard to 

whether the increase in emissions for the unit will be significant. These 

emissions unit(s) shall comply with any emissions requirements 

resulting from the major PSD process, even though they have also 

become subject to the PAL or continue to be subject to the PAL. 

011.11A4 The PAL permit shall require that the increased PAL level 

shall be effective on the day any emissions unit that is part of the PAL 

major modification becomes operational and begins to emit the PAL 

pollutant. 

011.11B The Department shall calculate the new PAL as the sum of the 

allowable emissions for each modified or new emissions unit, plus the sum of 

the BAE of the significant and major emissions units (assuming application of 

BACT equivalent controls), plus the sum of the BAE of the small emissions 

units. 

011.11C The construction permit reflecting the increased PAL level shall 

be issued pursuant to compliance with requirements for public participation in 

Chapter 14. 

011.12 Monitoring requirements for PALS. Each operating permit that includes a 

PAL must contain enforceable requirements for the monitoring system that 

accurately determines plant-wide emissions of the PAL pollutant in terms of mass 

per unit of time. Any monitoring system authorized for a PAL must be based on 

sound science and meet generally acceptable scientific procedures for data 

quality and manipulation. Additionally, the information generated by such system 

must meet minimum legal requirements for admissibility in a judicial proceeding to 

enforce the permit that includes the PAL. Failure to use a monitoring system that 

meets the requirements of section 011.12 renders the PAL invalid. The PAL 

monitoring system must employ one of the monitoring approaches listed in 

sections 011.12A through 011.12D or an alternative approach approved by the 

Department: 

011.12A CEMS which meet the following requirements: 

011.12A1 CEMS must comply with applicable Performance 

Specifications found in 40 CFR part 60, appendix B; and 

011.12A2 CEMS must sample, analyze, and record data at least every 

15 minutes while the emissions unit is operating. 
Title 129 

Chapter 19 

19-12

011.12B PEMS which meet the following requirements: 

011.12B1 Any PEMS must be approved for use by the Department in 

accordance with Chapter 34, section 009. 

011.12B2 Any PEMS approved for use in accordance with Chapter 

34, section 009 must sample, analyze, and record data at least every 

15 minutes, or at another less frequent interval approved by the 

Department, while the emissions unit is operating. 

011.12C Emissions factors which meet the following requirements: 

011.12C1 All emissions factors shall be adjusted, if appropriate, to 

account for the degree of uncertainty or limitations in the factors’ 

development; 

011.12C2 The emissions unit shall operate within the designated 

range of use for the emissions factor if applicable; and 

011.12C3 If technically practicable, the owner or operator of a 

significant emissions unit that relies on an emissions factor to calculate 

PAL pollutant emissions shall conduct validation testing to determine a 

site-specific emissions factor in accordance with Chapter 34, section 

007, unless the Department determines that such testing is not 

required. 

011.12D Mass balance calculations for activities using coatings or solvents 

which meet the following requirements: 

011.12D1 Provide a demonstrated means of validating the published 

content of the PAL pollutant that is contained in or created by all 

materials used in or at the emissions unit; 

011.12D2 Assume that the emissions unit emits all of the PAL 

pollutant that is contained in or created by any raw material or fuel used 

in or at the emissions unit, if it cannot otherwise be accounted for in the 

process; and 

011.12D3 Where the vendor of a material or fuel, which is used in or 

at the emissions unit, publishes a range of pollutant content from such 

material, the owner or operator must use the highest value of the range 

to calculate the PAL pollutant emissions unless the Department 

determines there is site-specific data or a site-specific monitoring 

program to support another content within the range. 
Title 129 

Chapter 19 

19-13

011.12E An owner or operator must record and report maximum potential 

emissions without considering enforceable emission limitations or operational 

restrictions for an emissions unit during any period of time that there is no 

monitoring data, unless another method for determining emissions during 

such periods is specified in the permit. 

011.12F Notwithstanding the requirements in sections 011.12A through 

011.12D, where an owner or operator of an emissions unit cannot 

demonstrate a correlation between the monitored parameter(s) and the PAL 

pollutant emissions rate at all operating points of the emissions unit, the 

Department shall, at the time of permit issuance: 

011.12F1 Establish default value(s) for determining compliance with 

the PAL based on the highest potential emissions reasonably estimated 

at such operating point(s); or 

011.12F2 Determine that operation of the emissions unit during 

operating conditions when there is no correlation between monitored 

parameter(s) and the PAL pollutant emissions is a violation of the PAL. 

011.12G Re-validation. All data used to establish the PAL pollutant must be 

re-validated through performance testing or other scientifically valid means 

approved by the Department. Such testing must occur at least once every 

five years after issuance of the PAL. 

011.13 Recordkeeping requirements. The construction permit which contains the 

PAL shall require the owner or operator to retain a copy of all records necessary to 

determine compliance with any requirement of section 011 and of the PAL, 

including a determination of each emissions unit’s 12-month rolling total 

emissions, for five years from the date of such record. Such permit shall also 

require the owner or operator to retain a copy of the following records, for the 

duration of the PAL effective period plus five years: 

011.13A A copy of the permit application requesting a PAL and 

applications for revisions to the PAL; and 

011.13B Each annual certification of compliance pursuant to Chapter 8, 

section 012.05 and the data relied on in certifying the compliance. 

011.14 Reporting and notification requirements. The owner or operator shall 

submit the following reports to the Department in accordance with Chapter 8, 

sections 004.03 and 004.04: 

011.14A Semiannual report. The semiannual report shall be submitted to 

the Department within 30 days of the end of each reporting period. This 

report shall contain the following information: 
Title 129 

Chapter 19 

19-14

011.14A1 The identification of the owner or operator and the permit 

number. 

011.14A2 Total annual emissions (tons/year) based on a 12-month 

rolling total for each month in the reporting period recorded pursuant to 

section 011.13. 

011.14A3 All data relied upon, including but not limited to, any quality 

assurance or quality control data, in calculating the monthly and annual 

PAL pollutant emissions. 

011.14A4 A list of any emissions units modified or added to the major 

stationary source during the preceding 6-month period. 

011.14A5 The number, duration, and cause of any deviations or 

monitoring malfunctions (other than the time associated with zero and 

span calibration checks), and any corrective action taken. 

011.14A6 A notification of a shutdown of any monitoring system, 

whether the shutdown was permanent or temporary, the reason for the 

shutdown, the anticipated date that the monitoring system will be fully 

operational or replaced with another monitoring system, and whether 

the emissions unit monitored by the monitoring system continued to 

operate, and the calculation of the emissions of the pollutant or the 

number determined by method included in the permit, as provided by 

section 011.12E. 

011.14A7 A signed statement by the responsible official certifying the 

truth, accuracy, and completeness of the information provided in the 

report. 

011.14B Deviation report. The owner or operator shall promptly submit 

reports of any deviations or exceedance of the PAL requirements, including 

periods where no monitoring is available. A report submitted pursuant to 

Chapter 8, section 004.03B including time limits, shall satisfy this reporting 

requirement. The reports shall contain the following information: 

011.14B1 The identification of the owner or operator and the permit 

number; 

011.14B2 The PAL requirement that experienced the deviation or that 

was exceeded; 

011.14B3 Emissions resulting from the deviation or the exceedance; 

and 
Title 129 

Chapter 19 

19-15

011.14B4 A signed statement by the responsible official certifying the 

truth, accuracy, and completeness of the information provided in the 

report. 

011.14C Re-validation results. The owner or operator shall submit to the 

Department the results of any re-validation test or method within 45 days 

after completion of such test or method. 

011.15 PAL Renewal. The owner or operator of a source with a PAL may apply 

for PAL renewal no sooner that than 18 months and no later than six months prior 

to the end of the PAL effective period. If the owner or operator submits a 

complete application for renewal within this time period, the PAL shall continue to 

be effective until the revised permit with the renewed PAL is issued or denied. A 

complete application shall consist of the following: 

011.15A All of the information required for an initial application as listed in 

section 011.05. 

011.15B A proposed PAL level. 

011.15C The sum of the PTE of all emissions units under the PAL, with 

supporting documentation. 

011.15D Any other information the owner or operator wants the 

Department to consider in determining the appropriate level for renewing the 

PAL. 

011.16 The Department shall follow the procedures specified in Chapter 14 in 

approving any request to renew a PAL for a major stationary source, and shall 

provide both the proposed PAL level and a written rationale for the proposed PAL 

level to the public for review and comment. During such public review, any person 

may propose a PAL level for the source for consideration by the Department. 

011.17 Adjusting the PAL at the time of renewal 

011.17A If the emissions level calculated in accordance with section 

011.07 at the time of renewal is equal to or greater than 80 percent of the 

currently permitted PAL level, the Department may renew the PAL at the 

currently permitted level without considering the factors set forth in section 

011.17B. 

011.17B At the Department’s discretion, it may set the PAL at a level that it 

determines to be more representative of the source’s BAE, or that it 

determines to be appropriate considering air quality needs, advances in 

control technology, anticipated economic growth in the area, desire to reward 
Title 129 

Chapter 19 

19-16

or encourage the source’s voluntary emissions reductions, or other factors as 

specifically identified by the Department in its written rationale. 

011.17C Notwithstanding the discretion allowed in sections 011.17A and 

011.17B, 

011.17C1 If the PTE of the source is less than the PAL, the 

Department shall adjust the PAL to a level no greater than the PTE of 

the source. 

011.17C2 The Department shall not approve a renewed PAL level 

higher than the current PAL, unless the source has complied with the 

provisions of section 011.11. 

011.17D If the compliance date for a State or Federal requirement that 

applied to the PAL source occurs during the PAL effective period, and if the 

Department has not already adjusted for such requirement, the PAL shall be 

adjusted at the time of PAL renewal or operating permit renewal which 

everwhichever occurs first. 

011.18 Expiration of a PAL. Any PAL that is not renewed in accordance with the 

procedures in section 011.15 shall expire at the end of the PAL effective period 

and the requirements in section 011.18 shall apply. If an application for PAL 

renewal is denied, the PAL shall expire on the date the application is denied and 

the requirements in section 011.18 shall apply: 

011.18A Each emissions unit (or each group of emissions units) that 

existed under the PAL shall comply with an allowable emissions limitation 

under a new construction permit established as a major modification, as 

specified below: 

011.18A1 Within the time frame specified for PAL renewals in section 

011.15, the source shall submit a proposed allowable emissions 

limitation for each emissions unit (or each group of emissions units, if 

such a distribution is more appropriate as decided by the Department) 

by distributing the PAL allowable emissions for the source among each 

of the emissions units that existed under the PAL. If the PAL had not 

yet been adjusted for an applicable requirement that became effective 

during the PAL effective period, as required under section 011.17D, 

such distribution shall be made as if the PAL had been adjusted. 

011.18A2 The Department shall decide whether and how the PAL 

allowable emissions will be distributed and issue a construction permit 

incorporating allowable limits for each emissions unit, or each group of 

emissions units, as the Department determines is appropriate. 
Title 129 

Chapter 19 

19-17

011.18B Each emissions unit(s) shall comply with the allowable emissions 

limitation on a 12-month rolling basis. The Department may approve the use 

of monitoring systems (source testing, emission factors, etc.) other than 

CEMS or PEMS to demonstrate compliance with the allowable emissions 

limitation. 

011.18C Until the Department issues the new construction permit 

incorporating allowable limits for each emissions unit, or each group of 

emissions units, as required under section 011.18A, the source shall 

continue to comply with a source-wide, multi-unit emissions cap equivalent to 

the level of the PAL emissions limitation. 

011.18D Any physical change or change in the method of operation at the 

major stationary source will be subject to major PSD requirements if such 

change meets the definition of major modification in Chapter 1, section 076. 

011.18E The major stationary source owner or operator shall continue to 

comply with any State or Federal applicable requirements that may have 

applied either during the PAL effective period or prior to the PAL effective 

period except for those emissions limitations that had been established 

pursuant to section 024.02, but were eliminated by the PAL in accordance 

with section 011.11. 

012 Ambient air increments. For any period other than an annual period listed below, 

the applicable maximum allowable increase may be exceeded during one such period 

per year at any one location. In any area of the state, increases in pollutant 

concentration over the baseline concentration shall be limited to the following: 

012.01 PM 2.5 annual arithmetic mean: 4 micrograms per cubic meter 

012.02 PM2.5 24 hour maximum: 9 micrograms per cubic meter 

012.03 PM10, annual arithmetic mean: 17 micrograms per cubic meter 

012.04 PM10, 24 hour maximum: 30 micrograms per cubic meter 

012.05 Sulfur dioxide, annual arithmetic mean: 20 micrograms per cubic meter 

012.06 Sulfur dioxide, 24 hour maximum: 91 micrograms per cubic meter 

012.07 Sulfur dioxide, 3 hour maximum: 512 micrograms per cubic meter 

012.08 Nitrogen dioxide, annual arithmetic mean: 25 micrograms per cubic meter 

013 Ambient air ceilings. No concentration of a pollutant shall exceed: 
Title 129 

Chapter 19 

19-18

013.01 The concentration permitted under the national secondary ambient air 

quality standard, or 

013.02 The concentration permitted under the national primary ambient air 

quality standard, whichever concentration is lowest for the pollutant for a period of 

exposure. 

014 Exclusions from increment consumption. The concentrations listed in sections 

014.01 through 014.04 shall be excluded in determining compliance with a maximum 

allowable increase. No exclusions of concentrations referred to in sections 014.01 and 

014.02 shall apply more than five years after the effective date of the applicable order or 

plan. 

014.01 Concentrations attributable to the increase in emissions from stationary 

sources which have converted from the use of petroleum products, natural gas, or 

both by reason of an order in effect under section 2 (a) and (b) of the Energy 

Supply and Environmental Coordination Act of 1974 (or any superseding 

legislation) over the emissions from such sources before the effective date of such 

an order. 

014.02 Concentrations attributable to the increase in emissions from sources 

which have converted from using natural gas by reason of natural gas curtailment 

plan in effect pursuant to the Federal Power Act over the emissions from such 

sources before the effective date of such plan; 

014.03 Concentrations of particulate matter attributable to the increase in 

emissions from construction or other temporary emission-related activities of new 

or modified sources; and 

014.04 The increase in concentrations attributable to new sources outside the 

United States over the concentrations attributable to existing sources which are 

included in the baseline concentration. 

015 Stack heights. Requirements for control of pollutants under this chapter shall be in 

accordance with Chapter 16. 

016 Exemptions for particular major stationary source or major modification. The 

requirements of sections 017 through 024 shall not apply to a particular major stationary 

source or major modification if: 

016.01 The source or major modification would be a nonprofit health or nonprofit 

educational institution, or a major modification would occur at such an institution 

and the Governor of the State of Nebraska requests that it be exempt from those 

requirements; 
Title 129 

Chapter 19 

19-19

016.02 The source or major modification would be a major stationary source or 

major modification only if fugitive emissions, to the extent quantifiable, are 

considered in calculating the PTE of the stationary source or modification and the 

source does not belong to any of the categories listed in Chapter 2, sections 

002.01 through 002.27. 

016.03 The source or major modification is a portable stationary source which 

has previously received a permit under requirements equivalent to those in 

sections 017 through 024, if 

016.03A The owner or operator proposes to temporarily relocate the 

source so that emissions at the new location would be temporary; and 

016.03B The emissions for the source would not exceed its allowable 

emissions; and 

016.03C The emissions from the source would impact no Class I area and 

no area where an applicable increment is known to be violated; and 

016.03D Notice of relocation is given to the Department in accordance with 

Chapter 10. 

016.04 Requirements equivalent to those in sections 017 through 024 do not 

apply to a major stationary source or major modification with respect to a particular 

pollutant if the owner or operator demonstrates that, as to that pollutant, the 

source or major modification is located in an area designated as nonattainment 

under section 107 of the Act. 

016.05 Requirements equivalent to those contained in sections 018, 020, and 

022 do not apply to a proposed major stationary source or major modification with 

respect to a particular pollutant, if the allowable emissions of that pollutant from a 

new source, or the net emissions increase of that pollutant from a major 

modification, would be temporary and impact no Class I area and no area where 

an applicable increment is known to be violated. 

016.06 Requirements equivalent to those contained in sections 018, 020, and 

022 as they relate to any maximum allowable increase for a Class II area do not 

apply to a modification of a major stationary source that was in existence on March 

1, 1978, if the net increase in allowable emissions of each regulated NSR pollutant 

from the modification after the application of BACT would be less than 50 tons per 

year. 

016.07 The Department may exempt a proposed major stationary source or 

major modification from the requirements of section 020, with respect to 

monitoring for a particular pollutant, if: 
Title 129 

Chapter 19 

19-20

016.07A The emissions increase of the pollutant from a new stationary 

source or the net emissions increase of the pollutant from a major 

modification would cause, in any area, air quality impacts less than the 

following amounts: 

016.07A1 Carbon monoxide – 575 micrograms per cubic meter, 8-

hour average; 

016.07A2 Nitrogen dioxide – 14 micrograms per cubic meter, annual 

average; 

016.07A3 PM2.5 – 4 micrograms per cubic meter, 24-hour average; 

016.07A4 PM10 – 10 micrograms per cubic meter, 24-hour average; 

016.07A5 Sulfur dioxide – 13 micrograms per cubic meter, 24-hour 

average; 

016.07A6 Ozone – no de minimis air quality level is provided for 

ozone. However, any net increase of 100 tons per year or more of 

VOCs or NOx subject to PSD would be required to perform an ambient 

impact analysis, including the gathering of ambient air quality data. 

016.07A7 Lead – 0.1 micrograms per cubic meter, 3-month average; 

016.07A8 Fluorides – 0.25 micrograms per cubic meter, 24-hour 

average; 

016.07A9 Total reduced sulfur – 10 micrograms per cubic meter, 1-

hour average; 

016.07A10 Hydrogen sulfide – 0.2 micrograms per cubic meter, 1-hour 

average; 

016.07A11 Reduced sulfur compounds – 10 micrograms per cubic 

meter, 1-hour average; or 

016.07B The concentrations of the pollutant in the area that the source or 

major modification would affect are less than the concentrations listed in 

section 016.07A; or 

016.07C The pollutant is not listed in section 016.07A. 

016.08 Permitting requirements equivalent to those contained in section 018.01B 

do not apply to a stationary source or modification with respect to any maximum 

allowable increase for nitrogen oxides if the owner or operator of the source or 
Title 129 

Chapter 19 

19-21

modification submitted an application for a permit under the applicable permit 

program approved or promulgated under the Act before the provisions embodying 

the maximum allowable increase took effect as part of the plan and the 

Department subsequently determined that the application as submitted before that 

date was complete. 

016.09 Permitting requirements equivalent to those contained in section 018.01B 

shall not apply to a stationary source or modification with respect to any maximum 

allowable increase for PM10 if the owner or operator of the source or modification 

submitted an application for a permit under the applicable permit program 

approved under the Act before the provisions embodying the maximum allowable 

increases for PM10 took effect as part of the plan, and the Department 

subsequently determined that the application as submitted before that date was 

complete. Instead, the applicable requirements equivalent to section 018.01B shall 

apply with respect to the maximum allowable increases for TSP as in effect on the 

date the application was submitted. 

017 Control technology review.:

017.01 A major stationary source or major modification shall meet each 

applicable emissions limitation under the SIP and each applicable emission 

standard and standard of performance under Chapters 18 and 23. 

017.02 A new major stationary source shall apply best available control 

technology (BACT) for each regulated NSR pollutant that it would have the 

potential to emit in significant amounts. 

017.03 A major modification shall apply BACT for each regulated NSR pollutant 

for which it would be a significant net emissions increase at the source. This 

requirement applies to each proposed emissions unit at which a net emissions 

increase in the pollutant would occur as a result of a physical change or change in 

the method of operation in the unit. 

017.04 For phased construction projects, the determination of BACT shall be 

reviewed and modified as appropriate at the earliest reasonable time which occurs 

no later than 18 months prior to commencement of construction of each 

independent phase of the project. At such time, the owner or operator of the 

applicable stationary source may be required to demonstrate the adequacy of any 

previous determination of BACT for the source. 

018 Source impact analysis. 

018.01 Required Demonstration. The owner or operator of the proposed source 

or modification shall demonstrate that allowable emission increases from the 

proposed source or modification, in conjunction with all other applicable emissions 
Title 129 

Chapter 19 

19-22

increases or reductions, (including secondary emissions) would not cause or 

contribute to air pollution in violation of 

018.01A Any national ambient air quality standard in any air quality control 

region; or 

018.01B Any applicable maximum allowable increase over the baseline 

concentration in any area. 

018.02 Significant impact levels. For purposes of PM2.5, the demonstration 

required in section 018.01 of this chapter is deemed to have been made if the 

emissions increases of the new stationary source alone or from the modification 

alone would cause, in all areas, air quality impacts less than the following amounts: 

 018.02A PM2.5 – 0.3 micrograms per cubic meter, annual average; 

 018.02B PM2.5 - 1.2 micrograms per cubic meter, 24-hour average 

019 Air quality models. 

019.01 All applications of air quality modeling referred to in Chapter 19 shall be 

based on the applicable models, data bases, and other requirements specified in 

40 CFR 51, appendix W (Guideline on Air Quality Models). 

019.02 Where an air quality model specified in 40 CFR 51, appendix W 

(Guideline on Air Quality Models) is inappropriate, the model may be modified or 

another model substituted. Such a modification or substitution of a model may be 

made on a case-by-case basis or, where appropriate, on a generic basis adopted 

by the Department. Written approval of the Administrator must be obtained for any 

modification or substitution. In addition, use of a modified or substituted model 

must be subject to notice and opportunity for public comment under procedures 

set forth in Chapter 14. 

020 Air quality analysis.: 

020.01 Pre-application analysis.:

020.01A Any application for a major PSD permit shall contain an analysis 

of ambient air quality in the area that the major stationary source or major 

modification would affect for each of the following pollutants: 

020.01A1 For the source, each pollutant that it would have the 

potential to emit in a significant amount; 

020.01A2 For the major modification, each pollutant for which it would 

result in a significant net emissions increase. 
Title 129 

Chapter 19 

19-23

020.01B With respect to any pollutant for which no NAAQS exists, the 

analysis shall contain such air quality monitoring data as the Department 

determines is necessary to assess ambient air quality for that pollutant in any 

area that the emissions of that pollutant would affect. 

020.01C With respect to any pollutant (other than nonmethane 

hydrocarbons) for which such a standard does exist, the analysis shall 

contain continuous air quality monitoring data gathered for purposes of 

determining whether emissions of that pollutant would cause or contribute to 

a violation of the standard or any maximum allowable increase. 

020.01D The continuous air monitoring data that is required shall have 

been gathered over a period of one year and shall represent the year 

preceding receipt of the application, except that, if the Department 

determines that a complete and adequate analysis can be accomplished with 

monitoring data gathered over a period shorter than one year (but not less 

than four months), the data that is required shall have been gathered over at 

least that shorter period. 

020.01E The owner or operator of a proposed major stationary source or 

major modification of volatile organic compounds (VOCs) who satisfies all 

conditions of Chapter 17, section 013, may provide post-approval monitoring 

data for ozone in lieu of providing preconstruction data as required under 

section 020.01. 

020.02 Post-construction monitoring. The owner or operator of a major stationary 

source or major modification shall, after construction of the stationary source or 

major modification, conduct such ambient monitoring as the Department 

determines is necessary to determine the effect emissions from the stationary 

source or major modification may have, or are having, on air quality in any area. 

020.03 Operation of monitoring stations. The owner or operator of a major 

stationary source or major modification shall meet the requirements of 40 CFR 58, 

Appendix B during the operation of monitoring stations for purposes of satisfying 

the requirements of section 020. 

021 Source information.:

021.01 The owner or operator of a proposed source or major modification shall 

submit all information necessary to perform any analysis or make any 

determination required under procedures established in accordance with Chapter 

19. Such information shall include 

021.01A A description of the nature, location, design capacity, and typical 

operating schedule of the source or major modification, including 

specifications and drawings showing its design and plant layout; 
Title 129 

Chapter 19 

19-24

021.01B A detailed schedule for construction of the source or major 

modification; 

021.01C A detailed description as to what system of continuous emission 

reduction is planned by the source or major modification, emissions 

estimates, and any other information as necessary to determine that BACT 

as applicable would be applied. 

021.02 Upon request by the Department, the owner or operator shall also 

provide information on:

021.02A The air quality impact of the source or major modification, 

including meteorological and topographical data necessary to estimate such 

impact; and 

021.02B The air quality impacts and the nature and extent of any or all 

general commercial, residential, industrial, and other growth which has 

occurred since August 7, 1977, in the area the source or major modification 

would affect. 

022 Additional impact analyses.:

022.01 The owner or operator shall provide an analysis of the impairment to 

visibility, soils, and vegetation that would occur as a result of the source or 

modification and general commercial, residential, industrial, and other growth 

associated with the source or major modification. The owner or operator need not 

provide an analysis of the impact on vegetation having no significant commercial 

or recreational value. 

022.02 The owner or operator shall provide an analysis of the air quality impact 

projected for the area as a result of general commercial, residential, industrial, and 

other growth associated with the source or major modification. 

023 Notification to permit applicants and public:

023.01 The Department shall determine if a permit application is complete within 

60 days after receipt of the application and so notify the applicant. If the 

Department determines that the application is not incomplete and additional 

information is necessary to evaluate or take final action on the application, the 

Department may request such information in writing and set a reasonable deadline 

for a response. The Department may determine that an application is complete, 

but later determine that additional information is needed to evaluate or take final 

action on the application. 

023.02 If the Department does not determine that the application is not 

incomplete, the application is automatically deemed to be complete 60 days after it 
Title 129 

Chapter 19 

19-25

was received by the Department. Nothing in this section shall prohibit the 

Department from requesting additional information that is necessary to evaluate 

or take final action on the application or release the applicant from providing such 

information. 

023.03 Within one year after receipt of a complete application, the Department 

shall make a preliminary determination whether construction should be approved, 

approved with conditions, or disapproved. 

023.04 The Department shall provide opportunity to the public to submit 

comments or request a public hearing on every PSD permit application approved 

or approved with conditions, in accordance with section 010 of Chapter 14. 

024 Source obligation.: 

024.01 Approval to construct and issuance of a major PSD construction permit 

shall not relieve any owner or operator of the responsibility to comply fully with 

applicable provisions of the SIP and any other requirements under local, state or 

Federal law. 

024.02 At any time that a source or modification becomes a major stationary 

source or major modification solely by virtue of a relaxation in any enforceable 

limitation which was established after August 7, 1980, on the capacity of the 

source or modification otherwise to emit a pollutant, such as a restriction on hours 

of operation, then the requirements of sections 016 through 024 shall apply to the 

source or modification as though construction had not yet commenced on the 

source or modification. 

024.03 The following provisions apply to projects at existing emissions units at a 

major stationary source where the project is not a part of a major modification and 

where the owner or operator elects to use the method specified in sections 006.01 

through 006.04 for calculating projected actual emissions. 

024.03A Before beginning actual construction of the project, the owner or 

operator shall document and maintain a record of the following information: 

024.03A1 A description of the project; 

024.03A2 Identification of the emissions unit(s) whose emissions of a 

regulated NSR pollutant could be affected by the project; and 

024.03A3 The applicability test used to determine that the project is 

not a major modification for any regulated NSR pollutant, including the 

BAE, the PAE, and any netting calculations if applicable. The owner or 

operator must also include the amount of emissions excluded due to 
Title 129 

Chapter 19 

19-26

demand growth, as defined in section 006.04, and an explanation for 

why such amount was excluded. 

024.03B Before beginning actual construction, the owner or operator shall 

meet face-to-face with a Department representative to discuss the PAE 

determination, and shall provide a copy of the information set out in section 

024.03A to the Department. The owner or operator of such a unit is not 

required to obtain any determination from the Department before beginning 

actual construction. 

024.03C The owner or operator shall monitor the emissions of any 

regulated NSR pollutant that could increase as a result of the project and that 

is emitted by any emissions unit identified in section 024.03A2 and calculate 

and maintain a record of the annual emissions, in tons per year on a 

calendar year basis, for a period of five years following resumption of regular 

operations after the change, or for a period of 10 years following resumption 

of regular operations after the change if the project increases the design 

capacity or potential to emit of that regulated NSR pollutant at such 

emissions unit. 

024.03D If the unit is an existing electric utility steam generating unit, the 

owner or operator shall submit a report to the Department within 60 days 

after the end of each calendar year during which records must be generated 

under section 024.03C, setting out the unit’s annual emissions during the 

calendar year that preceded submission of the report. 

024.03E If the unit is an existing unit other than an electric utility steam 

generating unit, the owner or operator shall submit a report to the 

Department if the annual emissions, in tons per year, from the project 

identified in section 024.03A exceed the BAE (as documented and 

maintained pursuant to section 024.03A3) by 80 percent of the significant 

amount for that regulated NSR pollutant, as listed in section 010. Such report 

shall be submitted to the Department within 60 days after the end of such 

calendar year. The report shall contain the following: 

024.03E1 The name, address and telephone number of the major 

stationary source; 

024.03E2 The annual emissions as calculated pursuant to section 

024.03E. 

024.03E3 An explanation as to whether the emissions differ from the 

preconstruction projections, and, if so, why. 
Title 129 

Chapter 19 

19-27

024.03F A PSD construction permit is required for each unit with annual 

net emissions of a regulated NSR pollutant exceeding the significant level 

listed in section 010 notwithstanding PAE below the significant level. 

024.04 The owner or operator shall make the information required to be 

documented and maintained pursuant to section 024.03 available for review upon 

request for inspection by the Department or the general public pursuant to the 

requirements contained in Chapter 14. 

025 If any provisions of this section, or the application of such provision to any person 

or circumstance, is held invalid, the remainder of this section, or the application of such 

provision to persons or circumstances other than those as to which it is held invalid, 

shall not be affected thereby. 

Enabling Legislation: Neb.Rev.Stat. §§81-1504(1)(2); 81-1505(12) 

Legal Citation: Title 129, Ch.19, Nebraska Department of Environmental Quality