## APPROVED 

# APPROVED:!,;)

FEB 1,1

# 200ff~ JON BRUNING 

# ATTENEY

# GE~t;Rb.~. BY..**'~/~~** Assista t 

## ttorney**Gen~ ~** 

# ~~HeINEMAN GOvERNOR

# DATE,,~ L\"
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# .;l~~ NEBRASKA ADMINISTRATIVE CODE Title 129

- Dep.artment QfEnvlrQUIDental Quality Chapter 5 - OPERATING PERMITS

- WHEN REQUIRED
001 Applicability and Scope. The following sources are required to obtain operating permits unless exempted under 002: 001.01 Class I (major source) pelmits shall be required to operate any of the following: OOl.OIA Any major source as defined in Chapter 2; OOl.OIB Any source, including an area source, subject to a standard, limitation, or other requirement**unde~** Chapter 18; OOl.OlC Any source, including an area source, subject to a standard or other requirement under Chapters 23, 27 or 28; OOl.OlD Any 1;lffected source; OOI.OIE Any source in a source category designated by the Director or required to do so by any other applicable requirement under Title 129 or underthe Act. 00 1.02 UIlless a Class I permit is required, Class II (minor source) permits shall be required to operate any ofthe following, unless covered under the provisions of Chapter 42: 00l.02A Any source or emissions unit with actual emissions above the following: 00l.02Al. [rescinded] 001
.02A2. Fifty (50) tons/year or more ofPMIO emissions. 5-1**~:<. '** **~:**

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### 5-2 - - 001.02A3. Fifty (50) tons/year or more ofS02 or S03, Or any combination ofthe two. 001.02A4. Fifty (50) tons/year or more of oxides ofnitrogen (calculated as N02). 001.02A5. Fifty (50) tons/year or more ofvolatile organic compounds (VOC). 001.02A6. Fifty (50) tons/year or more of carbon monoxide
. 001.02A7
. Two and one-half (2. 5) tons/year or more oflead
. 00 1.02A8
. Five
.(5) tons/year or more of any hazardous air pollutant or an aggregate oftwelve and one-half (12
.5) tons/year or more of any hazardous air pollutants
. 001.02B All incinerators used for refuse disposal or for the processing ofsalvageable materials except refuse incinerators located on residential premises containing five or less dwelling units used only for disposal ofresidential waste generated on the said property. 001.03 Any source or emissions unit required to obtain a Class I permit based on potential emissions may request that potential to emit be limited to below the major source threshold, as provided in Chapter 42 or in section 001.03A and 001.0313 below. 001.03A
.Any source or emissions uriit with actual emissions between the levels specifieq in section 00L02A ab.ove and the major source levels may apply for a Class II permit, as a synthetic minor source, which provides enforceable limits to potential emissions, as provided in Chapters 7 through 15
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FEB 11 2008Title 129 Chapter 5 oot.03B Any**source oLemissinns~unit** 

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actual**em.i~~QJ1~ l>~low**  the levels specified in section 001.02A above shall be exempt from the duty to obtain 

## an operating permit under the following conditions, known as the Low Emitter Rule, unless required to do so in sections 001.02B. 001.03B1 The source is not otherwise required to obtain an operating permit; 001.03B2 The source has submitted a demonstration and maintains records on site, updated at least monthly, for at least five years that actual emissions for each regulated pollutant do not exceed the levels specified in section 001.02A above; 001.03B3 Credit for controls which are not required under the provisions ofthis title will only be allowed jfdocumentation is maintained that demonstrates that controls were continuously maintained and operated as specified by the manufacturer to achieve the level ofefficiency for which credit is sought; 001.03B4 Additional information, such as .an annual emissions inventory or information necessary to determine applicability or to determine that emissions from the-source in conjunction with all other emissions will not prevent attainment or maintenance ofthe ambient air quality standards specified in Chapter 4, must be provided upon Department request; and 001.03B5 Compliance with the provisions ofthis section do not shield the owner or operator from the duty to comply with any other applicable requirement under Title 129, nor shield the owner or operator from enforcement action for the violation of any other applicable requirement under Title 129: 002 Source Category Exerriptions.
5-3


## fEB 11 2008·Title 129 Chapter 5

5-4 002.01 All sources listed in 001.01 above that are not major, or affected sources, are exempt from the obligatIon to obtitiil a Clas· s - rpermit unless required to do so under another applicable requirement under Title 129 or under the Act. Any such exempt source may opt to apply for a permit under these regulations and shall be issued a permit ifthe applicant otherwise satisfies all ofthe requirements ofthese regulations. 002.02 The following sources are exempt from applying for and having a Class 

### I or 

### II operating permit: 002.02A All sources and source categories that would be required to obtain a permit solely because they are subject to 40 CFR Part 60, Subpart AAA

- Standards ofPerformance for New Residential Wood Heaters; and 002.02B All sources and source categories that would be required to obtain a permit solely because they are subject to 40 CFR Part 61, Subpart M

- National Emission Standard for Hazardous Air Pollutants for Asbestos, §61.145, Standard for Demolition and Renovation. 002.02C All sources and source categories subject only to regulations or requirements under Section 112(r) ofthe Act. 002.02D All sources and source categories that would be required to obtain a.permit solely because ofthe presence of a generator whose sole function is to provide back-up power when electrical power from the local utility is interrupted. This exemption is unavailable to peaking units at electric utilities and anyother generator which is used during time periods when power is available from the utility
.

. Exempted units must submit an annual report ofhours of operation to

the Department by the end ofthe month following the month in which 500 hours peryear are exceeded, or upon request.



## fEB 11 2008Title 129 Chapter 5 

### 003 Emissions Units**CQyel~sl.** 003.01 Sources required to obtain an operating pennit under this title shall identify all relevant emission units in the pennit application unless the emission unit is specifically exempted pursuant to sections 006 .03 and 006.04 ofChapter 7. 003.02 A source required to obtain an operating pennit under this title may comply through one ofthe following methods: 003.02A A source may obtain a single pennit for all relevant emission units located within a contiguous area under common control, whether or not falling under the same two-digit Standard Industry Code (SIC) code; or 003.02B A major source, as defined in Chapter 2, section 001 or section 008, comprised ofdifferent business entities (each defined as a "person" in Chapter 1, section 107), whether or not they are under the same two-digit SIC code, may obtain a separate pennit for each business entity ("person"). All business entities ("persons") must obtain a Class I pennit regardless ofsize. Sources may not avoid major source requirements, including, but not limited to, emissions fees (see Chapter 29) or National Emissions Standards for Hazardous Air Pollutants requirements (see Chapters 27 and 28), by being pennitted in this manner; or 003.02C A source may request and obtain coverage for one or more emission units eligible for coverage under a general pennit issued by the Department and obtain a separate pennit for emission 

### peffits units not eligible for such coverage. Sources may not avoid major source requirements, including, but not limited to, emissions fees (see Chapter 29) or National Emissions Standards for Hazardous Air Pollutants requirements (see Chapters 27 and 28), by being pennitted in this manner, unless the source-wide potential emissions are limited to less than the major source thresholds by these pennits. This would
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## FEB 11 2008 lI