APPROVED , 

FEB 012008 ?J FILED APPROVED 

D~~ DAVE HEINEMAN 

GOVERNOR 

FEB .- I 2008 

BY.~ L!.., A -I. SECRETAflY O} STATE 

..... 

JON BRUNING 

ATrOR~~G~ijRAln 

BY.1.~'().ttp/.f..r 

Assistant!\~orr.ley General 

DATE ... St//.Q!.®.QJ ...... 

NEBRASKA ADMINISTRATIVE CODE 

Title 129 - Depatiment of Environmental Quality 

Chapter 27 - HAZARDOUS AIR POLLUTANTS, MAXIMUM ACHIEVABLE 

CONTROL TECHNOLOGY (MACT) 

001 Notwithstanding any other provisions of these regulations, Sections 63.70 

through 63.81 of Title 40 Code of Federal Regulations (CFR) Part 63, Subpart D, 

effective December 29, 1992, pertaining to compliance extensions for early 

reductions, are hereby adopted and incorporated by reference. 

002 Requirement for new, modified, or reconstmcted sources of hazardous air 

pollutants. A pelmit as required under section 001.01 G of Chapter 17 will be 

issued for constmction, reconstmction, or modification of a source with the 

potential to emit any hazardous air pollutant in an amount equal to or in excess of 

two and one-half (2.5) tons/year or more of any hazardous air pollutant or an 

aggregate of ten (10.0) tons/year or more of any hazardous air pollutants only if 

best available control technology (BACT), as determined by the Director, is 

applied for each hazardous air pollutant and the source will comply with all other 

requirements of these regulations. In no event shall application of best available 

control technology result in emissions of any pollutant which would exceed the 

emissions allowed by any applicable standard under Chapters 18, 23, 27, or 28. 

003 Requirements for new or reconstmcted major sources of hazardous air 

pollutants. A pelmit as required under section 001 .01 G of Chapter 17 for 

constmction or reconstmction of a source with the potentil;l,J to ~mit an amount 

equal to or in excess of 10 tons per year of any hazardous air pollutant or 25 tons 

per year or more of any combination of hazardous air pollutants, will only be 

issued if maximum achievable control technology (MACT), as determined by the 

Director, is applied, and the source is required.to comply with all other 

requirements of these regulations. 

003.01 For purposes of this section, 40 CFR Part 63,sections 63.40(b); 

63 . 41; 63.42(c); 63.43(a), (b), and (d); and 63.44, as in effect on 

December 27, 1996, are hereby adopted and incorporated by reference. 

27-1 
Title 129 

Chapter 27 

003.02 Except as provided in 003.01, the provisions and procedures of 

Chapter 17 and 002 above apply. 

004 This section is reserved for requirements to be established under Section 

112(i) of the Act. 

005 Notwithstanding any other provisions of these regulations, Sections 63.50 

through 63.56 of Title 40 Code of Federal Regulations (CFR) Part 63, Subpart B, 

as amended at 67 Federal Register 16582 on April 5, 2002, pertaining to 

maximum achievable control tedmology determinations for emission units subject 

to case-by-case determination of equivalent emission limitations, are hereby 

adopted and incorporated by reference. 

006 This section is reserved for requirements to be established under Section 

112(r) of the Act. 

Enabling Legislation: Neb. Rev. Stat. §§81 -1504(1)(2); 81-1505(12)(16) 

Legal Citation: Title 129, Ch. 27, Nebraska Department of Environmental 

Quality 

27-2 

APP-R-OVED -. _ APPHO~ED 

JON BRUNING 

FEB 0 1 2008 ) ~ 

'0ov-ttf~ DAVE HEINEMAN 

~~~~ GOVEflNOil 

"\ 

Assistant A1t9rnyy. General 

r-_~-=-=_.::::;DA:;.:.. IE ...... '1.;. IlJlctf)lJ.l ..... . FILED 

_~_~= E~ ~- -- -_..J .SECI~{tAfi'1ol-:smTI 

._--:=J By 
APPROVED , 

FEB 0 1 2008 I) 

r 

r----------~----__ 

~~/~ By DAVE HEINEMAN &...:;..;==::~~~~= GOVERNOR 

NEBRASKA ADMINISTRATIVE CODE 

Title 129 - Depatiment of Environmental Quality 

Chapter 43 - VISIBILITY PROTECTION 

001 Code of Federal Regulations, Title 40, pati 51.301 (Definitions), as amended, is 

incorporated by reference. Appendix Y (Guidelines for BART Detenninations Under 

the Regional Haze Rule) of 40 CFR 51, is incorporated by reference. 

002 The owner or operator of a stationary source shall submit a Best Available 

Retrofit Technology (BART) detennination to the Department if the Department 

detennines the stationary source is subject to BART according to 40 CFR 51, 

Appendix Y. The owner or operator shall prepare the BART determination in 

accordance with Appendix Y of 40 CFR 51 as directed by the Director. The owner or 

operator of a stationary source shall submit the BART detennination to the 

Depatiment for review. The Department will issue a pelmit to the source, pursuant to 

section 003, giving consideration to the source's BART detelmination._ 

003 The BART requirements for any BART-eligible source that is subject to BART 

shall be incorporated into a construction pennit in accordance with Chapter 17, 

section 014.04. 

Enabling Legislation: Neb. Rev. Stat. §§81-1504(1)(2); 81-1505(12)(16) 

Legal Citation: Title 129, Ch. 43, Nebraska Department of Environmental Quality 

APPROVED 7.! .') 

FEB 0 1 Z008 1/ j!/ 1./ 

APPROVED 

JON BRUNING 

0'~ ~HENEMAN GOVERNOR 

ATcT911lJ!tY. ~E L B'!1'-~~ .... :. 

Assistant ~~orn General 

DATE .... 9.II.Ol~OaJ. ....... 

tJI,.E~:l 

F! 2.~ .-- . -

43 -1 

~ f ,sECRETARY OF STATE By~£...J,.>I~'" ;-
I 

'.,

I 

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