APPROVED 

APPROVED:!,;) 

FEB 1,1 200ff~ 

JON BRUNING 

ATTENEY GE~t;Rb.~. BY.. '~/~~ 

~ Assista t ttorney Gen~ 

~~HeINEMAN GOvERNOR DATE,,~ L\" . .;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 under the Act. 

00 1.02 UIlless a Class I permit is required, Class II (minor source) permits 

shall be required to operate any of the 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 [rescinded] 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. 

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Title 129 

Chapter 5 

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001.02A3. Fifty (50) tons/year or more ofS02 or S03, Or any 

combination of the two. 

001.02A4. Fifty (50) tons/year or more of oxides of nitrogen 

(calculated as N02). 

001.02A5. Fifty (50) tons/year or more of volatile 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 of twelve 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 of salvageable materials except refuse incinerators located 

on residential premises containing five or less dwelling units used 

only for disposal of residential 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 2008 
Title 129 

Chapter 5 

oot.03B Any source oLemissinns~unit with_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 of this title will only be allowed jf documentation is 

maintained that demonstrates that controls were continuously 

maintained and operated as specified by the manufacturer to 

achieve the level of efficiency 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 of the 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. 

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Chapter 5 

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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 if the applicant otherwise 

satisfies all of the requirements of these 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 of Performance 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) of the Act. 

002.02D All sources and source categories that would be required to 

obtain a.permit solely because of the 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 of hours of operation to 

the Department by the end of the month following the month in 

which 500 hours peryear are exceeded, or upon request. 

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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 of Chapter 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 of different 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 of size. 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_ 

BOOS· f 1. a J~ 

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FEB 11 2008 

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