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### NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY TITLE 129

- NEBRASKA AIR QUALITY REGULATIONS

EFFECTIVE DATE:

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__ _ DAVE HEINEMAN GOVERNOR



## MAR 2 7 2012

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Title 129

- Department of Environmental Quality Chapter 1 - DEFINITIONS 

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Definitions included here applyto the state regulations in this Title and to the Appendices. Unless otherwise defined, ora different meaning is clearly required by context, the following words and phrases, as used in this Title, shall have the following meanings: 001 "Act" means the Clean AirAct, as amended (42 U.S.C. 7401 et seq.). 002 "Actual emissions" for purposes otherthan the Prevention ofSignificant Deterioration program, meansthe actual rate ofemissions of a pollutant from an emissions unit as determined below: 002.01 In general, actual emissions as of a particular date shall equal the average rate, in tons peryear, at which the unit actually emitted the pollutant during the preceding year and which is representative of normal source operation. The Director shall allowthe use ofa differenttime period upon a determination that it is more representative of normal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, existing control equipment, and types of materials processed, stored, or combusted during the selected time period. 002.02 The Director may presume that the source-specific allowable emissions for the unit are equivalentto the actual emissions ofthe unit. 002.03 For any emissions unitwhich has not begun normal operations on the particulardate, actual emissions shall equal the potential to emit ofthe unit on that date. 003 "Actual emissions", for purposes ofthe Prevention ofSignificant Deterioration program, meansthe actual rate ofemissions ofa regulated NSR pollutant from an emissions unit as determined in accordance with sections 003.01 through 003.03 except thatthis definition shall not applyfor calculating whether a significant emissions increase has occurred, orfor establishing a Plantwide Applicability Limitation (PAL)

1-1Title 129 Chapter 1 under Chapter 19, section 011. Instead, "baseline actual emissions" and "projected actual emissions" shall apply for those purposes. 003.01 In general, actual emissions as ofa particulardate shall equal the average rate, in tons peryear, at which the unit actually emitted the pollutant during a consecutive 24-month period which precedesthe particulardate and which is representative of normal source operation. The Director shall allowthe use ofa differenttime period upon a determination that it is more representative of normal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, existing control equipment, and types of materials processed, stored, orcombusted during the selected time period. 003.02 The Director may presume thatthe source-specific allowable emissions for the unit are equivalent to the actual emissions ofthe unit. 003.03 Forany emissions unit which has not begun normal operations on the particulardate, actual emissions shall equal the potential to emit ofthe unit on that date. 004 "Actuals PAL" for a majorstationary source means a Plantwide Applicability Limitation (PAL) based on the baseline actual emissions ofall emissions units at the source, that emit or have the potential to emit the PAL pollutant. 005 "Administrator" meansthe Administrator ofthe United States Environmental Protection Agency or his or her designee. 006 "Affected facility" means, with reference to a stationary source, any apparatus to which a standard ofperformance is specifically applicable. 007 "Affected source" means a source that includes one or more affected units. 008 "Affected States" means all States that:

1-2Title 129 Chapter 1 008.01 Are one ofthe following contiguous States: Colorado, Iowa, Kansas, Missouri, South Dakota, and Wyoming, and in the judgmentofthe Director may be affected by emissions from a facility seeking a Class I permit, modification, or renewal; or 008.02 Are a contiguous State within 50 miles ofthe permitted source. 009 "Affected unit" means a unit that is subject to emission reduction requirements or limitations under Chapter26. 010 "Air contaminant" or"Air contamination" meansthe presence in the outdoor atmosphere ofany dust, fumes, mist, smoke, vapor, gas, orother gaseous fluid, or particulate substance differing in composition from orexceeding in concentration the natural components ofthe atmosphere. 011 "Aircurtain incinerator" means an incineratorthat operates by forcefully projecting a curtain ofair across an open chamber or pit in which combustion occurs. Incinerators ofthis type can be constructed above or below ground and with orwithout refractory walls and floor. 012 "Air pollutant" or "air pollution" means the presence in the outdoor atmosphere of one or more air contaminants orcombinations thereof in such quantities and ofsuch duration as are or maytend to be injuriousto human, plant or animal life, property, or the conduct of business. 013 "Air pollution control agency" means any ofthe following: 013.01 The Department designated by statute as the official state air pollution control agency for purposes of Neb. Rev. Stat. Sections 81-1501 to 81-1532; 013.02 An agency established bytwo or more states and having substantial powers or duties pertaining to the prevention and control ofair pollution; 013.03 A city, county, or other local government health authority; or in the case of any city, county, orother local government in which there is an

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### MAR 2 

## 7 2012Title 129 Chapter 1 agency otherthan the health authority charged with responsibilityfor enforcing ordinances or laws relating to the prevention and control ofair pollution, such otheragency; or 013.04 An agency oftwo or more municipalities located in the same state or in different states and having substantial powers orduties pertaining to the prevention and control ofair pollution. 014 "Air Quality Control Region" means a region deSignated by the Governor, with the approval ofthe Administrator, for the purpose ofassuring that national primary and secondary ambient airquality standards will be achieved and maintained. Within one year afterthe promulgation ofa new or revised National Ambient Air Quality Standard, the Governor must designate each region as non-attainment, attainment, or unclassifiable. The Administrator must approve the designations. 015 "Allowable emissions" means 015.01 Fora stationary source, the emissions rate ofa stationary source calculated using the maximum rated capacity ofthe source (unless the source is subject to federally enforceable limits which restrict the operating rate, or hours of operation, or both) and the most stringent ofthe following: 015.01 A The applicable standards set forth in 40 CFR Parts 60 (Standards of Performance for New Stationary Sources) or Parts 61 or 63 (National Emission Standards for Hazardous Air Pollutants); 015.01 B Any applicable State Implementation Plan emissions limitation including those with a future compliance date; or 015.01C The emissions rate specified as a federally enforceable permit condition, including those with afuture compliance date.

1-4Title 129 Chapter 1 015.02 For a Plantwide Applicability Limitation (PAL), the definition is the same as in section 015.01 except as this definition is modified according to sections 015.02A and 015.028: 015.02A The allowable emissions for any emissions unit shall be calculated considering any emission limitations that are enforceable as a practical matteron the emissions unit's potential to emit. 015.028 An emissions unit's potential to emit shall be determined using the definition in section 113 exceptthatthe words "or enforceable as a practical matter" should be added after "federally enforceable". 016 "Ambient air" means the portion ofthe atmosphere, external to buildings, to which the general public has access. 017 "AP-42" refers to the Compilation ofAirPollutant Emission Factors, published by the EPA Office ofAir Quality Planning and Standards. It contains emission factors and process information for more than 200 air pollution source categories. 018 "Applicable requirement" means all ofthe following as they apply to emissions units in a source required to obtain an operating permit, including requirements that have been promulgated and approved by the Council through rule-making atthe time of issuance but have future-effective compliance dates: 018.01 Any standard orother requirement provided for in the applicable implementation plan that implements the relevant reqUirements ofthe Act, including any revisions to that plan promulgated in 40 CFR part 52; 018.02 Anyterm orcondition ofany construction permits; 018.03 Any standard orother requirement under Chapter 18 relating to standards of performance for new stationary sources;

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### MAR 2 7 2012Title 129 Chapter 1 018.04 Any standard orother requirement established pursuantto Section 113 of the Act and regulations adopted bythe Council in Chapters 23, 27 and 28 relating to hazardous air pollutants listed in Appendix II orAppendix III; 018.05 Any standard orother requirement ofthe acid rain program under Chapter 26; 018.06 Any requirements established under Chapter31 or pursuantto any permit ororder issued bythe Director underthis Title; 018.07 Any standard orother requirement governing solid waste incineration under Chapter 18 or pursuantto Section 129(e) ofthe Act and regulations adopted bythe Council; 018.08 Any standard orother requirement for consumer and commercial products established under Section 183(e) ofthe Act and regulations adopted by the Council; 018.09 Any standard orother requirement fortank vessels established under Section 183(f) and regulations adopted bythe Council; 018.10 Any standard orother requirement to protect stratospheric ozone as promulgated pursuantto Title VI ofthe Act and regulations adopted by the Council; and 018.11 Any national ambient air quality standard or increment orvisibility requirement underthe Prevention of Significant Deterioration Program as defined in Chapter 1, but only as it would applyto temporary sources permitted pursuant to Chapter 10. 018.12 "Applicable requirements underthe Act" meansfederal regulations promulgated pursuant to the Clean AirAct, as amended, which have not been considered and adopted by the Council.

1-6Title 129 Chapter 1 019 "Area source" means: 019.01 Forthe purposes ofClass I permits underChapter 5, 001.01C, any stationary source of hazardous air pollutants that is not a majorsource and as more particularly defined by National Emission Standards for Hazardous Air Pollutants promulgated under40 CFR Part 63 and adopted bythe Council. 019.02 For all other purposes, any small residential, governmental, institutional, commercial, or industrial fuel combustion operation; on-site waste disposal facility, vessels, orothertransportation facilities; orother miscellaneous sources, as identified through inventory techniques approved by the Director. 019.03 Area source shall not include motorvehicles or nonroad vehicles. 020 "Baseline actual emissions" has the definition given to it in Chapter 19, section 005. 021 "Baseline area" means any intrastate area (and every part thereof) designated as attainment or unclassifiable undersection 107(d)(1) (A)(ii) or (iii) ofthe Act in which the major source or major modification establishing the minor source baseline date would construct orwould have an air quality impactforthe pollutant forwhich the baseline date is established, as follows: equal to orgreaterthan one (1) microgram percubic meter (annual average) for 502, N02, or PM lO ; or equal to orgreaterthan 0.3 micrograms per cubic meter (annual average) for PM2.5. 022 "Baseline concentration" means that ambient concentration level that exists in the baseline area atthe time ofthe applicable minor source baseline date. 022.01 A baseline concentration is determined for each pollutantforwhich a minorsource baseline date is established and shall include: 022.01A The actual emissions, as defined in section 002, representative ofsources in existence on the applicable minor source baseline date, except as provided in section 022.02; and

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## MAR 27 2ot2Title 129 Chapter 1 022.01 B The allowable emissions of major stationary sources that commenced construction before the major source baseline date, but were not in operation bythe applicable minor source baseline date. 022.02 The following will not be included in the baseline concentration and will affectthe applicable maximum allowable increase(s): 022.02A Actual emissions from any majorstationary source on which construction commenced afterthe major source baseline date; and 022.02B Actual emissions increases and decreases at any stationary source occurring afterthe minorsource baseline date. 023 "Begin actual construction" means in general, initiation of physical on-site construction activities on an emissions unitwhich are ofa permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures. With respect to a change in method ofoperating this term refers to those on-site activities otherthan preparatory activities which markthe initiation ofthe change. 024 "Best Available Control Technology" or "BACT", for purposes ofthe Prevention of Significant Deterioration (PSD) program as defined in Chapter 1. means an emissions limitation (including a visible emissions standard) based on the maximum degree of reduction for each regulated NSR pollutant which would be emitted from any proposed majorstationary source or major modification which the Director, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning ortreatment or innovative fuel combination techniques for control ofsuch pollutant. In no event shall application of best available control technology result in emissions ofany pollutant which would exceed the emissions allowed by any applicable standard under40 CFR parts 60 and 61. Ifthe Director determines that technological or economic limitations on the application of measurement methodologyto a particular emissions unit would make the imposition ofan emissions standard infeasible, a



### 1-8Title 129 Chapter 1 design, equipment, work practice, operational standard orcombination thereof, may be prescribed instead to satisfythe requirement forthe application of best available control technology. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation ofsuch design, equipment, work practice or operation, and shall provide for compliance by means which achieve equivalent results. "Best Available Control Technology" or "BACT", for purposes otherthan the PSD program, means an emission limitation ora design, equipment, work practice, operational standard or combination thereof, which results in the greatest degree of reduction ofa pollutant, as determined by the Directorto be achievable by a source, on a case-by-case basis, taking into account energy, public health, environmental and economic impacts and othercosts. 025 "Building, structure, orfacility", for purposes otherthan the Prevention of Significant Deterioration program, means all ofthe pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are underthe control ofthe same person (or persons under common control). Pollutant-emitting activities shall be considered as part ofthe same industrial grouping if they belong to the same "Major Group" (i.e., which have the same two-digit code) as described in the Standard Industrial Classification Manual, 1987. 026 "Building, structure, facility, or installation", for purposes ofthe Prevention of Significant Deterioration program, means all ofthe pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are underthe control ofthe same person (or persons under common control) except the activities ofanyvessel. Pollutant-emitting activities shall be considered as part ofthe same industrial grouping ifthey belong to the same "Major Group" (i.e., which have the same two-digit code) as described in the Standard Industrial Classification Manual, 1987. 027 "Class I operating permit" means any permit orgroup of permits covering a Class I source that is issued, renewed, amended, or revised pursuant to this Title. 028 "Class I source" means any source subjectto the Class I permitting requirements of Chapter 5.

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## MAR 2 72Ql2Title 129 Chapter 1 029 "Class II operating permit" means any permit orgroup of permits covering a Class 

### ii source that is issued, renewed, amended, or revised pursuant to this Title. 030 "Class II source" means any source subject to the Class II permitting requirements ofChapter5. 031 "Clean lumber" means wood orwood products that have been cut orshaped and include wet, air-dried, and kiln-dried wood products. Clean lumberdoes not include wood products that have been painted, pigment-stained, orpressure-treated by compounds such as chromate copper arsenate, pentachlorophenol, and creosote. 032 "C02 equivalent emissions (C02e)" shall represent an amount ofgreenhouse gases (GHGs) emitted, and shall be computed by the sum total of multiplying the mass amount ofemissions, in tons peryear (tpy), for each ofthe six greenhouse gases in the pollutant GHGs, by each ofthe gas's associated global warming potential (see definition for Global Warming Potential). 033 "Commence" as applied to construction, reconstruction, or modification ofa stationary source meansthat the owneroroperator has all necessary preconstruction approvals and either has: 033.01 Begun, or caused to begin, a continuous program of physical on-site construction ofthe source to be completed within a reasonable time; or 033.01 Entered into binding agreements orcontractual obligations, which cannot be cancelled or modified without substantial loss to the owneroroperator, to undertake a program ofconstruction ofthe source to be completed within a reasonable time. 034 "Complete" means, in reference to an application for a permit, that the application contains all the information necessaryfor processing the application. Designating an application complete for purposes of permit processing does not preclude the Departmentfrom requesting or accepting any additional information.:.

1-10Title 129 Chapter 1 035 "Construction" means any physical change orchange in the method ofoperation (including fabrication, erection, installation, demolition, or modification ofan emissions unit) which would result in a change in actual emissions (a change in "emissions" forthe Prevention of Significant Deterioration Program)._ 036 "Consumer Price Index" or "CPI" means the average ofthe Consumer Price Index for all urban consumers published bythe United States Department of Labor at the close ofthe twelve-month period ending on August 31 ofeach year. 037"Continuous emissions monitoring system (CEMS)" means all ofthe equipmentthat may be required to meet the data acquisition and availability requirements ofthis section, to sample, condition (if applicable), analyze, and provide a record ofemissions on a continuous basis. 038 "Continuous emissions rate monitoring system (CERMS)" means the total equipment required forthe determination and recording ofthe pollutant mass emissions rate (in terms of mass per unit oftime). 039 "Continuous parameter monitoring system (CPMS)" means all ofthe equipment necessaryto meetthe data acquisition and availability requirements ofthe Prevention of Significant Deterioration program, to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O2orCO2 concentrations), and to record average operational parametervalue(s) on a continuous basis. 040 "Control" and "controlling" means prohibition ofcontaminants as related to air, land, orwater pollution. 041 "Control strategy" means a plan to attain National Ambient Air Quality Standards orto prevent exceeding those standards. 042 "Council" means the Environmental Quality Council. 043"Department" means the Department of Environmental Quality.

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### MAR 2 7 ZOllTitle 129 Chapter 1 044 "Designated representative" means a responsible natural person authorized by the owners and operators ofan affected source and ofall affected units atthe source, as evidenced by a certificate of representation submitted in accordance with Subpart B of 40 CFR part 72, to represent and legally bind each owner and operator, as a matter of federal law, in matters pertaining to the Acid Rain Program. Wheneverthe term "responsible person" is used in this Title, it shall be deemed to referto the "designated representative" with regard to all matters underthe Acid Rain Program. 045 "Deviation" means a departurefrom an indicator range orwork practice for monitoring, consistentwith any averaging period specified for averaging the results of the monitoring. 046 "Director" means the Director ofthe Department of Environmental Quality or his or herdesignee. 047 "Draft permit" means the version ofa permit forwhich the permitting authority offers public participation and, in the case ofa Class I draft operating permit, affected State review. 048 "Electric utility steam generating unit" means any steam electric generating unit that is constructed forthe purpose ofsupplying more than one-third of its potential electric output capacity and more than 25 MW electrical outputto any utility power distribution system for sale. Any steam supplied to a steam distribution system forthe purpose of providing steam to a steam-electric generatorthat would produce electrical energyfor sale is also considered in determining the electrical energyoutput capacity of the affected facility. 049 "Elevated terrain" means terrain, which may affect the calculation ofgood engineering practice stack height. 050 "Emission data" means chemical analysis of process fuel and the manufacturing or production process, as well as operational procedures and actual nature and amounts ofemissions.

1-12Title 129 Chapter 1 051 "Emission limitation" and "Emission standard" mean a requirement established pursuant to this Title, the State Act, orthe Administratorwhich limits the quantity, rate, or concentration ofemissions ofair pollutants on a continuous basis, including any requirements which limitthe level ofopacity, prescribe equipment, setfuel specifications, or prescribe operation or maintenance procedures for a source to assure continuous emission reduction. 052 "Emissions allowable underthe permit" means a federally enforceable permit term or condition determined at issuance to be required by an applicable requirement that establishes an emissions limit (including a work practice standard) or a federally enforceable emissions cap thatthe source has assumed to avoid an applicable requirement to which the source would otherwise be subject. 053 "Emissions unit" means any part oractivity ofa stationary source, which emits or would have the potential to emit any regulated air pollutant ("regulated NSR pollutant" for purposes ofthe Prevention ofSignificant Deterioration program) orany pollutant listed in Appendix II. This term includes electric steam generating units. This term is not meantto alter oraffect the definition ofthe "unit" for purposes ofChapter 26. For purposes ofthe Prevention of Significant Deterioration (PSD) program, there are two types of emissions units: (a) A new emissions unit is any emissions unitthat is (orwill be) newly constructed and that has existed for less than 2 years from the date such emissions unitfirst operated; and (b) An eXisting emissions unit is any emissions unitthat does not meetthe requirements in (a) above. 054 "Emissions" means releases ordischarges into the outdoor atmosphere ofany air contaminant orcombination thereof. 055 "Existing source" means equipment, machines, devices, articles, contrivances, or installations which are in being on the effective date ofthese regulations.

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## MAR 2 7 2012Title 129 Chapter 1 056 "Federal Land Manager" means, with respect to any lands in the United States, the Secretary ofthe departmentwith authority oversuch lands._ 057 "Federally enforceable" means all limitations, conditions, and requirements within any applicable State Implementation Plan, any permit requirements established in any permit issued pursuant to this Title, and any requirements in Chapters 18 and 23, 27, or 28 which are enforceable bythe Administrator. 058 "Final permit" means the version ofa permit issued by the Departmentthat has completed all review procedures required by Chapter 14, and for a Class I permit, Chapter 13. 059 "Fixed capital cost" means the capital needed to provide all the depreciable components ofa source. 060 "Fuel burning equipment" means anyfurnace, boiler, apparatus, stack and all associated equipment, used in the process of burning fuel. 061 "Fugitive dust" means solid airborne particulate matter emitted from any source otherthan a flue orstack. 062 "Fugitive emissions" means those emissions which could not reasonably pass through a stack, chimney, vent, orotherfunctionally equivalent opening. 063 "General permit" means a Class I orClass II operating permit that meets the requirements ofChapter 9. 064 "Global Warming Potential" means the ratio ofthe time-integrated radiative forcing from the instantaneous release ofone kilogram ofa trace substance relative to that of one kilogram- of a reference gas, i.e., CO2. The pollutant greenhouse gases (GHGs) is adjusted to calculate CO2 equivalence using "Table A-1

- Global Warming Potentials" at 40 CFR 98, Subpart A, as published at 74 Federal Register 56395 on October30, 2009

..

1-14Title 129 Chapter 1 065 "Greenhouse gases (GHGs)" means the air pollutant defined as the aggregate group ofsix gases: carbon dioxide (C02), nitrous oxide (N20), methane (CH4), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6). 066 "Hazardous air pollutant" means any air pollutant: 066.01 listed in Appendix II, or 066.02 to which no ambient air quality standard is applicable and which in the judgment ofthe Director maycause, orcontribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness. 067 "High terrain" means any area having an elevation 900 feet or more above the base ofthe stack of a source. 068 "Incinerator" means anyfurnace used in the process of burning solid waste, except for a furnace owned and operated by law enforcement agencies solelyto dispose ofammunition, fireworks orsimilarflammable orexplosive materials. 069 "Indian Governing Body" means the governing body ofany tribe, band, or group of Indians subject to thejurisdiction ofthe United States and recognized bythe United States as possessing powerofself-government. 070 "Indian Reservation" means anyfederally recognized reservation established by Treaty, Agreement, Executive Order, orAct ofCongress.:. 071 "Innovative control technology" means any system ofair pollution control that has not been adequately demonstrated in practice, butwould have a substantial likelihood ofachieving greater continuous emissions reduction than any control system in current practice orofachieving at least comparable reductions at lower cost in terms ofenergy, economics, or non-airquality environmental impacts. 072 "Insignificant activities" refers to activities and emissions that may be excluded from reporting for operating permit applications and/or emissions inventories. Emissions exempted from reporting requirements must still be included in the determination of whether a source must obtain a Class I orClass II operating permit. 1-15



### MAR 2 7 

## 201lTitle 129 Chapter 1 073 "Installation" means an identifiable piece of process equipment.(This definition does not applyto the Prevention ofSignificant Deterioration program. See "building, structure, facility, or installation") 074 "Interstate air pollution control agency" means: 074.01 An air pollution control agency established by two or more states; or 074.02 An air pollution control agency oftwo or more political subdivisions located in different states. 075 "Local agency" means any air pollution control agency in this state, otherthan a state agency, which is charged with responsibility for carrying out part ofa plan. 076 "Low emitter" refers to a facility that has a potential to emit any regulated pollutant above the major source threshold (Class I operating permit level), but has actual emissions belowthe levels requiring a Class 

### II operating permit. 077 "Low terrain" means any area otherthan high terrain. 078 "Lowest Achievable Emission Rate (LAER)" means, for any source, the more stringent emission rate from either: 078.01 The most stringent emission limitation contained in the implementation plan ofany state for such class orcategory of sources (as adopted by the Council) unless the owner oroperator ofthe proposed source demonstrates that such limitations are not achievable; or 078.02 The most stringent emission limitation which is achieved in practice by such class or category ofsource and adopted by the Council. These limitations, when applied to a modification, means the lowest

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## :In "Title 129 Chapter 1 achievable emissions rate forthe new or modified emissions units within the stationary source. In no event shall the application ofthis term permit a proposed new or modified stationary source to emit any pollutant in excess of the amount allowable underan applicable new source standard of performance. 079 "Major emissions unit" means: 079.01 Any emissions unitthat emits or has the potential to emit 100tons per year or more ofthe PAL pollutant in an attainment area; or 079.02 Any emissions unit that emits or has the potential to emitthe PAL pollutant in an amountthat is equal to orgreaterthan the major source threshold forthe PAL pollutant as defined bythe Act for nonattainment areas. 080 "Major modification" means any physical change in or change in the method of operation of a majorstationary source that would result in a significant emissions increase ofa regulated NSR pollutant and a significant net emissions increase ofthat pollutant from the major stationary source. 080.01 Any significant emissions increase from any emissions units or net emissions increase at a majorstationary source that is significantforvolatile organic compounds shall be considered significant for ozone. 080.02 A physical change orchange in the method ofoperation shall not include: 080.02A Routine maintenance, repair and replacement; 080.028 Use of an alternative fuel or raw material by reason of any order undersections 2(a) and (b) ofthe Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason ofa natural gas curtailment plan pursuant to the Federal PowerAct; 080.02C Use of an alternative fuel by reason of an order or rule under section 125 ofthe Act;

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### MAR 2 7 2012Title 129 Chapter 1 080.02D Use ofan alternative fuel at a steam-generating unitto the extent that the fuel is generated from municipal solid waste; 080.02E Use ofan alternative fuel or raw material by a stationary source which: 080.02E1 The source was capable ofaccommodating before December21, 1976, unless such change would be prohibited under any federally enforceable permit condition, which was established after December21, 1976, pursuant to the Prevention ofSignificant Deterioration Program as defined in Chapter 1; or 080.02E2 The source is approved to use under any permit issued under regulations approved pursuant to the Prevention ofSignificant Deterioration Program as defined in Chapter 1 ; 080.02F An increase in the hours ofoperation or in the production rate, unless such change would be prohibited underanyfederally enforceable permit condition, which was established after December21, 1976, pursuant to the Prevention ofSignificant Deterioration Program as defined in Chapter 1; or 080.02G Any change in ownership at a stationary source. 080.02H The installation, operation, cessation, or removal ofa temporary clean coal technology demonstration project, provided that the project complies**with~** 080.02H1 The State implementation plan forthe State in which the project is located; and

1-18Title 129 Chapter 1 080.02H2 Other requirements necessaryto attain and maintain the national ambient air quality standards during the project and after it is terminated. 080.021 The installation oroperation ofa permanent clean coal technology demonstration projectthat constitutes repowering ,_provided thatthe project does not result in an increase in the potential to emit ofany regulated pollutant emitted bythe unit. This exemption shall apply on a pollutant-bypollutant basis. 080.02J The reactivation ofa very clean coal-fired electric utilityteam generating unit. 080.03 This definition shall not applywith respect to a particular regulated NSR pollutant when the major stationary source is complying with the requirements under Chapter 19 for a PAL forthat pollutant. Instead, the definition of "PAL major modification" shall apply. 081 "Major source baseline date" means, in the case of PM 10 and sulfurdioxide, January 6, 1975, in the case of nitrogen dioxide, February 8, 1988, and, in the case of PM2.5,October 20,2010. 082 "Majorstationary source" or "majorsource" means any source identified in Chapter2. 083 "Maximum achievable control technology" or (MACT)" means: 083.01 For new sources, the emission limitation reflecting the maximum degree of reduction in hazardous air pollutant emissionsthat is deemed achievable, which is no less stringentthan the emission limitation achieved in practice bythe best controlled similar source. 083.02 For existing sources, the emission limitation reflecting the maximum degree of reduction in hazardous air pollutant emissions that the Director, taking into consideration the cost of achieving such emission reductions, and any non-air

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### MAR 2

## 7 2012Title 129 Chapter 1 quality health and environmental impacts and energy requirements, determines is achievable by sources in the category orsubcategory, which is no less stringent than the average emission limitation achieved bythe best performing 12 percent ofthe existing sources, as determined pursuant to section 112(d)(3) ofthe Act. 084 "Method 9" refers to a visual determination ofthe opacityofemissions from a stationary source as defined in 40 CFR 60, Appendix A-4. 085 "Method 22" refers to a visual determination offugitive emissions from material sources and smoke emissions from flares as defined in 40 CFR 60, Appendix A-7. 086 "Minor source" means any source which is not defined as a major source in Chapter2. 087 "Minor source baseline date" means the earliest date afterthe triggerdate on which a major stationary source or a major modification subject to the Prevention of Significant Deterioration Program, as defined in Chapter 1, submits a complete permit application. The trigger date is, in the case of PM 10 and sulfurdioxide, August 7,1977, in the case of nitrogen dioxide, February 8, 1988, and in the case of PM2.5, October20, 2011. Any minorsource baseline date established originally forthe TSP increments shall remain in effect and shall applyfor purposes ofdetermining the amount of available PMlO increments, except that the Department may rescind any such minor source baseline date where it can be shown, to the satisfaction ofthe Department, that the emissions increase from the major stationary source, orthe net emissions increase from the major modification, responsible fortriggering that date did not result in a significant amount of PMlO emissions. The baseline date is established for each pollutant forwhich increments orother equivalent measures have been established ifthe area in which the proposed source or modification would construct is designated as attainment orunclassifiable undersection 107(d)(i) (A)(ii) or (iii) ofthe Act forthe pollutant on the date of its complete application under40 CFR 52.21 orto regulations approved pursuant to 40 CFR 51.166 orto Chapter 19; and, in the case ofa major stationary source, the pollutant would be

1-20Title 129 Chapter 1 emitted in significant amounts, or in the case of a major modification, there would be a significant net emissions increase ofthe pollutant. 088 "Mobile source" means a motorvehicle, nonroad engine, or nonroad vehicle. A motorvehicle is a self-propelled vehicle designed fortransporting persons or property on a street or highway. A nonroad vehicle is a vehicle powered by a nonroad engine. A nonroad engine is an internal combustion engine that is not used in a motorvehicle ora vehicle used solelyforcompetition, orthat is not subjectto standards promulgated under section 111 orsection 202 ofthe Act. 089 "Modification" means any physical change in, or change in method ofoperation of, an affected facility which increases the amount of any air pollutant, except that: 089.01 Routine maintenance, repair, and replacement (except as defined as reconstruction) shall not be considered physical changes; and 089.02 An increase in the production rate or hours ofoperation shall not be considered a change in the method ofoperation, unless such change would violate a permit condition. 090 "National standard" means either a primary or a secondary standard established pursuant to the Act. 091 "Necessary preconstruction approvals or permits" means those permits or approvals required underfederal air quality control laws and regulations and those air quality control laws and regulations which are part ofthe applicable State Implementation Plan. 092 "Net emissions increase" means the following:, 092.01 With respect to any regulated NSR pollutantemitted by a major stationary**source~** the amount by which the sum ofthe following exceeds zero: 092.01A The increase in emissions from a particular physical change or change in the method ofoperation at a stationary source as calculated_

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## MAR 2 7 20\2Title 129 Chapter 1 pursuant to the Prevention of Significant Deterioration Program as defined in Chapter 1; and 092.01 B Any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for calculating increases and decreases shall be determined as provided in Chapter 19, section 005 exceptthat sections 005.05 and 005.06 shall not apply. 092.01C An increase ordecrease in actual emissions is contemporaneous with the increase from the particular change only ifit occurs between the date five years before the source begins actual construction ofthe project and the date that the increasefrom the project occurs. 092.02 An increase ordecrease in actual emissions is creditable only if: 092.02A It occurs within the contemporaneous period as defined in section 092.01C; and 092.02B The Director has not relied on it in issuing a permit forthe source under regulations approved pursuant to 40 CFR 51.165, which permit is in effect when the increase in actual emissions from the particular change occurs; and 092.03 An increase ordecrease in actual emissions ofsulfurdioxide, particulate matter, or nitrogen oxides that occurs before the applicable minorsource baseline date is creditable only if it is required to be considered in calculating the amount of maximum allowable increases remaining available.!. 092.04 An increase in actual emissions is creditable onlyto the extent that the new level ofactual emissions exceeds the old level. 092.05 A decrease in actual emissions is creditable onlyto the extent that:

1-22Title 129 Chapter 1 092.05A The old level ofactual emissions orthe old level of allowable emissions, whichever is lower, exceeds the new level ofactual emissions; 092.058 It is enforceable as a practical matter at and afterthe time that actual construction on the particular change begins; 092.05C The Director has not relied on it in issuing any permit under regulations in the State Implementation Plan approved pursuantto 40 CFR Part 51, Subpart I or in demonstrating attainment or reasonable further progress; and 092.050 It has approximatelythe same qualitative significance for public health and welfare as that attributed to the increase from the particular change. 092.06 An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unitthat requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days. 092.07 Section 002.01 shall not apply for determining creditable increases and decreases. 093 "New source" means any stationary source the construction, modification, or reconstruction ofwhich is commenced afterthe publication of regulations by the State of Nebraska orthe federal government prescribing a standard of performance which will be applicable to such source. 094 "Non-attainment area" means any area designated bythe Department orthe United States Environmental Protection Agency pursuant to Section 107 (d) ofthe Act as an area exceeding any National Ambient Air Quality Standard.

1-23



## MAR 2 

## 1 lOll.Title 129 Chapter 1 095 "Opacity" means a state which renders material partially orwholly impervious to rays of light and causes obstruction ofan observer's vievlJ. 096 "Open fires" means the burning ofany matter in such a mannerthat the products ofcombustion resulting from such fires are emitted directly into the ambient airwithout passing through an adequate stack, duct, or chimney. 097 "Owneroroperator" means any person who owns, leases, operates, controls, or supervises a stationary source. 098 "PAL effective date" generally means the date of issuance ofthe PAL permit. However, the PAL effective date for an increased Plantwide Applicability_Limitation (PAL) is the date any emissions unit that is part ofthe PAL major modification becomes operational and begins to emit the PAL pollutant. 099 "PAL effective period" means the period beginning with the PAL effective date and ending 10 years later. 100 "PAL major modification" means, notwithstanding the definitions of"major stationary source" and "major modification", any physical change in or change in the method ofoperation ofthe Plantwide Applicability Limitation (PAL) source that causes it to emit the PAL pollutant at a level equal to orgreaterthan the PAL.:. 101 "PAL permit" means the construction permit issued by the Department that establishes a Plantwide Applicability Limitation (PAL) for a major stationary source. 102 "PAL pollutant" means the pollutant forwhich a Plantwide Applicability Limitation (PAL) is established at a major stationary source. 103 "Particulate matter" means any airborne finely divided solid or liquid material with an aerodynamic diameter smallerthan 100 micrometers. 104 "Particulate matter emissions" means all finely divided solid or liquid material, otherthan uncombined water, emitted to the ambient airas measured by applicable

1-24Title 129 Chapter 1 reference methods, or an equivalent or alternative method, specified bythe United States Environmental Protection Agency, or by a test method specified in an approved State Implementation Plan. 105 "Performancetest" means measurements ofemissions or other procedures used forthe purpose ofdetermining compliance with a standard of performance conducted in accordance with approved test procedures. 106 "Permit program costs" means all reasonable (direct and indirect) costs required to develop and administer an airoperating permit program, as set forth in Neb. Rev. Stat. §81-1505.04. 107 "Permit revision" means a revision to an operating orconstruction permitthat meetsthe requirements of Chapter 15. 108 "Permitting authority" means the Department of Environmental Quality. 109 "Person" means any individual partnership; limited liability company; association; public or private corporation; trustee; receiver; assignee; agent; municipality orother governmental subdivision; public agency; other legal entity; or any officerorgoverning or managing body ofany public or private corporation, municipality, governmental subdivision, public agency, or other legal entity. 110 "Plan" means an implementation plan adopted by the State pursuant to Section 110 ofthe Act, to attain and maintain a national standard. 111 "Plantwide applicability limitation (PAL)" means an emission limitation expressed in tons peryear, for a pollutant at a major stationary source, that is enforceable as a practical matter and established source-wide in accordance with Chapter 19, section 011. 112 "PM1O" means particulate matterwith an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by 

### a reference method based on Appendix J at 40 CFR Part 50 or equivalent methods.

1-25



### MAR 

## 2 7 2012Title 129 Chapter 1 113 "PM lO emissions" means finely divided solid or liquid material, with an aerodynamic diameter less than orequal to a nominal 10 micrometers emitted to the ambient air as measured by an applicable reference method, oran equivalent or alternative method, specified bythe United States Environmental Protection Agency or by a test method specified in an approved State Implementation Plan.:. 114 Reserved. 115 "Pollution prevention" means any activity that through process changes, product reformulation or redesign, orsubstitution of less polluting raw materials, eliminates or reduces the release ofair pollutants (including fugitive emissions) and other pollutants to the environment priorto recycling, treatment, or disposal; itdoes not mean recycling (otherthan certain "in-process recycling" practices), energy recovery, treatment, or disposal. 116 "Potential to emit" means the maximum capacity ofa stationary source to emit a pollutant under its physical and operational design. Any physical oroperational limitation on the capacity ofthe source to emit a pollutant, including air pollution control equipment and restrictions on hours ofoperation oron the type oramount of material combusted, stored, or processed, shall be treated as part ofits design ifthe limitation or the effect it would have on emissions is federally enforceable. Secondary emissions do not count in determining the potential to emit ofa stationary source. This term does not alteroraffect the use ofthis term for any other purposes underthe Act, orthe term "capacityfactor" as used in Chapter26. 117 "Predictive emissions monitoring system (PEMS)" means all ofthe equipment necessaryto monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O2 orCO2 concentrations), and calculate and record the mass emissions rate (for example, Ib/hr) on a continuous basis. 118 "Prevention ofSignificant Deterioration Program (PSD) program" means a major source preconstruction permit program that has been approved by the Administrator

1-26Title 129 Chapter 1 and incorporated into the plan to implementthe requirements of40 CFR 51.166 or40 CFR 52.21. Any permit issued under such a program is a major NSR permit. 119 "Primary standard" means a national primary ambient air quality standard identified in Chapter 4. 120 "Process" means any action, operation ortreatment, and all methods and forms of manufacturing or processing, that may emit smoke, particulate matter, gaseous matter, orotheraircontaminant. 121 "Process weight" means the total weight ofall materials introduced into any source operation. Solid fuels charged will be considered as part ofthe process weight, but liquid and gaseous fuels and combustion airwill not. 122 "Process weight rate" means for continuous or long-run steady-state source operations, the total process weight forthe entire period ofcontinuous operation orfor a typical portion thereof. Fora cyclical or batch source operation, the total process weight for a period that covers a complete operation oran integral numberofcycles, divided by the numberof hours ofactual process operation during such a period. Where the nature ofany process oroperation, orthe design of any equipment, is such as to permit more than one interpretation ofthis definition, the interpretation that results in the minimum value for allowable emission shall apply. 123 "Project" means a physical change in, orchange in method ofoperation of, an existing majorstationary source. 124 "Projected actual emissions" hasthe definition given to it in Chapter 19, section_ 006. 125 "Proposed Class I operating permit" means the version of a permit that the Department proposes to issue and forwards to the Administratorfor review. 126 "Reasonable further progress" means such annual incremental reductions in emissions ofthe relevant air pollutant as are required by the applicable implementation

1-27



### MAR 27 20i2Title 129 Chapter 1 plan or may reasonably be required bythe Directorforthe purpose ofensuring attainment ofthe applicable ambient air quality standard by the applicable date. 127 "Reconstruction" means a situation where the fixed capital cost ofthe new components exceeds 50% ofthe fixed capital cost ofa comparable entirely newfacility orsource. However, anyfinal decision as to whether reconstruction has occurred shall be made in accordance with the provisions of40 CFR 60.15(f)(1)-(3). A reconstructed source will be treated as a new stationary source.' In determining best available control technology or lowest achievable emission rate for a reconstructed source, the provisions of40 CFR 60.15(f)(4) shall be taken into account in assessing whether a standard of performance under40 CFR Part 60 is applicable to such source. 128 "Region" means: 128.01 An air quality control region designated by the Administrator; or 128.02 Any area designated bythe State as an air quality control region. 129 "Regional administrator" means the Regional designee appointed bythe Administrator. 130 "Regulated air pollutant" meansthe following: 130.01 Nitrogen oxides orany volatile organic compounds as defined in this Chapter; 130.02 Any pollutant forwhich a national ambient air quality standard has been promulgated; 130.03 Any pollutant that is subjectto any standard in Chapter 18; and 130.04 Any pollutant subject to a standard orother requirements established in Chapters 27 or28 relating to hazardous air pollutants, including the following:

1-28Title 129 Chapter 1 130.04A Any pollutant subjectto requirements under Chapter27, 005; and 130.04B Any pollutant forwhich the requirements relating to construction, reconstruction, and modification in Chapter27, 003, have been met, but onlywith respect to the individual source subject to these requirements. 130.05 Greenhouse gases (GHGs) as follows: 130.05A Beginning July 1, 2011, the GHGs emissions are at a stationary source emitting or having the potential to emit 100,000tons C02e or more. 131 "Regulated NSR pollutant" means the following: 131.01 Any pollutantforwhich a national ambient air quality standard has been promulgated and any constituents or precursors for such pollutants identified by the Administrator. Precursors forthe purpose of NSR are the following: 131.01A Volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and nonclassifiable areas. 131.01B Sulfurdioxide and nitrogen oxides are precursors to PM2.5 in all attainment and unclassifiable.areas. 131.02 Any pollutant that is subjectto any standard promulgated undersection 111 ofthe Act; 131.03 Any Class I or II substance subjectto a standard promulgated under or established bytitle VI ofthe Act; or

131.04 Any pollutantthat otherwise is subjectto regulation underthe Act; except that any orall hazardous air pollutants either listed in section 112 ofthe Act or added to the list pursuant to section 112(b)(2) ofthe Act, which have not been delisted pursuant to section 112 (b)(3) ofthe Act, are not regulated NSR

1-29Title 129 Chapter 1 pollutants unless the listed hazardous air pollutant is also regulated as a constituent or precursor ofa general pollutant listed under section 108 ofthe Act.,. 131.05 Greenhouse gases (GHGs) as follows: 131.05A Beginning January 2, 2011: 131.05A1 The stationary source is a new major stationary source for a regulated NSR pollutant that is not GHGs, and also will emit orwill have the potential to emit 75,000 tons peryear C02e or more; or 131.05A2 The stationarysource is an existing majorstationary source for a regulated NSR pollutant that is not GHGs, and also will have an emissions increase ofa regulated NSR pollutant, and an emissions increase of 75,000 tons per year C02e or more; and 131.05B Beginning July 1,2011, in addition to the provisions in section 131.05A: 131.05B1 The stationary source is a new stationary source that will emit or have the potential to emit 100,000 tons peryear C02e or 131.05B2 The stationary source is an existing stationary source that emits or has the potential to emit 100,000 tons peryear C02e or more, when such stationary source undertakes a physical change or change in the method ofoperation that will result in an emissions increase of 75,000 tons per year C02e or more. 131.05C The term emissions increase as used in 131.05A and 131.05B shall mean that both a significant emissions increase (as calculated in Chapter 19, section 008) and a significant net emissions increase (as defined in Chapter 1, section 092 and Chapter 19, section 010) occur. For the pollutant GHGs, an emissions increase shall be based on tons peryear C02e, and shall be calculated assuming the pollutant GHGs is a regulated

1-30Title 129 Chapter 1 NSR pollutant, and "significant" is defined as 75,000 tons peryear C02e instead of applying the value in Chapter 19, section 010.18. 132 "Regulated pollutant forfee purposes" means any regulated air pollutant identified in this chapter, except forthe following: 132.01 Carbon monoxide; 132.02 Particulate matter, excluding PM 10; 132.03 Any pollutant that is a regulated air pollutant solely because it is a Class I 

### or II substance subjectto a standard promulgated underorestablished byTitle VI ofthe Act and regulations adopted bythe Council; or 132.04 Any pollutantthat is a regulated air pollutant solely because it is subject to a standard or regulation promulgated under Section 112(r) ofthe Act and regulations adopted by the Council. 132.05 Greenhouse gases (GHGs) 133 "Renewal" means the process by which a permit is reissued at the end of its term. 134 "Replacement unit" means an emissions unit for which all the criteria listed in this definition are met. No creditable emission reductions shall be generated from shutting down the existing unitthat is replaced. 134.01 The emissions unit is a reconstructed unitwithin the meaning of "reconstruction" as defined in Chapter 1, 

### orthe emissions unit completely takes the place ofan existing emissions unit. 134.02 The emissions unit is identical to orfunctionally equivalentto the replaced emissions unit. 134.03 The replacement does not change the basic design parameter(s) ofthe process unit.

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## MAR 2 7 

## 2012Title 129 Chapter 1 134.04 The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operation by a permitthat is enforceable as a practical matter. Ifthe replaced unit is brought back into operation, it shall constitute a new emissions unit. 135 "Responsible official" means one ofthe following: 135.01 Fora corporation: a president, secretary, treasurer, orvice-president of the corporation in charge ofa principal business function, orany other person who performs similar policy ordecision-making functions forthe corporation, ora duly authorized representative ofsuch person ifthe representative is responsible for the overall operation ofone or more manufacturing, production, oroperating facilities applying for orsubject to a permit and either: 135.01A The facilities employ more than 250 persons or have gross annual sales orexpenditures exceeding $25 million (in second quarter 1980 dollars); or 135.01B The delegation ofauthorityto such representatives is approved in advance bythe permitting authority; 135.02 For a partnership orsole proprietorship: a general partnerorthe proprietor, respectively; 135.03 For a municipality, State, Federal, or other public agency: Either a principal executive officeror ranking elected official. Forthe purposes ofthis part, a principal executive officerofa Federal agency includesthe chief executive officer having responsibility forthe overall operations ofa principal geographic unit ofthe agency (e.g., a Regional Administrator ofEPA); or 135.04 For affected sources:

1-32Title 129 Chapter 1 135.04A The designated representative in so far as actions, standards, requirements, or prohibitions under Chapter 26 are concerned; and 135.048 The designated representative for any other purposes underthe Title V program. 136 "Rule or regulation" means any rule or regulation ofthe Council. 137 "Secondary emissions" means emissions which occur as a result ofthe construction or operation ofa majorstationary source or major modification, but do not come from the major stationary source or major modification itself. Secondary emissions must be specific, well defined, quantifiable, and impactthe same general area as the stationary source or modification, which causes the secondary emissions. Secondary emissions include emissions from any offsite support facility which would not be constructed or increase its emissions except as a result ofthe construction or operation ofthe major stationary source or major modification. Secondary emissions do not include any emissions which come directly from a mobile source, such as emissionsfrom the tailpipe ofa motorvehicle, from a train, orfrom a vessel. 138 "Secondary standard" means a national secondary ambient air quality standard identified in Chapter 4. 139 "Section 502(b)(10) changes" are changes provided for in section 502 (b)(10) of the Act. These are changes allowed within a permitted facilitywithout requiring a permit revision ifthe changes are not modifications under any provision ofTitle I ofthe Act and the changes do not exceed the emissions allowable underthe permit .The facility must provide the Department with written notification in advance ofthe proposed changes at least 30 days in advance unless the Director determines a differenttimeframe due to an emergency. 140 "Significant" means, as pertains to a modification in a non-attainment area, a net increase in actual emissions by a rate that would equal or exceed the following rates ("Significant" for purposes ofthe Prevention of Significant Deterioration Program is defined in Chapter 19):

1-33



### MAR 2 7 2012Title 129 Chapter 1 Pollutant and Emission Rate Carbon monoxide: 100tons peryear (tpy) Nitrogen oxides: 40 tpy Sulfurdioxide: 40 tpy Particulate matter: 25 tpy

PM2.5: 10 tpy Ozone: 40 tpy ofvolatile organic compounds or nitrogen oxides Lead: 0.6 tpy Fluorides: 3 tpy Sulfuric acid mist: 7 tpy Hydrogen sulfide (H2S): 10tpy Total reduced sulfur (including H2S): 10 tpy Reduced sulfur compounds (including H2S): 10tpy Municipal waste combustororganics (measured as total tetra- through octachlorinated dibenzo-p-dioxins and dibenzofurans): 3.2x10-6 megagrams peryear (3.5x10-6 tons peryear) Municipal waste combustor metals (measured as particulate matter): 14 megagrams peryear (15 tons per year)

1-34Title 129 Chapter 1 Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen chloride): 36 megagrams peryear (40 tons peryear) Municipal solid waste landfill emissions (measured as nonmethane organic compounds): 45 megagrams peryear (50 tons peryear) 141 "Significant emissions increase" has the definition given to it in Chapter 19, section 008. 142 "Significant emiss!ons unit" means an emissions unit that emits or has the potential to emit a PAL pollutant in an amount that is equal to orgreaterthan the significant level (as defined in section 140 or in the Act, whichever is lower) forthat PAL pollutant, but less than the amountthatwould qualifythe unit as a major emissions unit as defined in section 079. 143 "Small emissions unit" means an emissions unitthat emits or has the potential to emitthe PAL pollutant in an amount less than the significant level forthat PAL pollutant, as defined in section 140 or in the Act, whichever is lower. 144 "Solid waste" means any garbage, refuse, or sludge from a waste treatment plant, water supply treatment plant, orair pollution control facility, and other discarded material, including solid, liquid, semisolid, orcontained gaseous material resulting from industrial, commercial and mining operations, and from community activities. 145 "Source" means any property, real orpersonal, or person contributing to air pollution. 146 "Speciation" is the process ofclassifying and separating objects by common characteristics including, but not limited to, chemical mass balance, factor analysis, optical microscopy, and automated scanning electron microscopy. It is the process used to find the relative proportions or mix ofair source categories which best accounts forthe composition ofa pollutant sample.

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## MAR 2 7 

## 201ZTitle 129 Chapter 1 147 "Stack" means any point in a source designed to emit solids, liquids, orgases into the air, including a pipe orduct but not including flares. 148 "Stack in existence" means that the owneroroperator had (1) begun, orcaused to begin, a continuous program of physical on-site construction ofthe stack or (2) entered into binding agreements orcontractual obligations which could not be cancelled or modified without substantial lossto the owner oroperator, to undertake a program of construction ofthe stack to be completed in a reasonable time. 149 "Stack height" means the distance from the ground level elevation of a stack to the elevation ofthe stack outlet. 150 "Standard of performance" means a standard for emission ofair pollutants which reflects the degree ofemission limitation achievable through the application ofthe best system ofemission reduction which (taking into account the cost ofachieving such reduction) the Directordetermines has been adequately demonstrated. 151. "Startup ofoperation" means the beginning of routine operation ofan affected facility. 152 "State" means any non-Federal permitting authority, including any local agency, interstate association, orstatewide program. 153 "State Act" means the Nebraska Environmental Protection Act, Neb. Rev. Stat. §81-1501 through §81-1533, as amended. 154 "Stationary source" means any building, structure, facility, or installation which emits or may emit any air pollutant subject to regulation underthis Title. 155 "Synthetic minor" refers to a facility that has a potential to emit any regulated pollutant above the major source threshold (Class I operating permit level), but has taken federally enforceable limits to keep potential emissions belowthe majorsource threshold, but above the minorsource threshold:.

1-36Title 129 Chapter 1 156 "Title V program" or "State program" means a program approved by the Administratorfor purposes ofTitle V ofthe Act. 157 "Total reduced sulfur" means total sulfurfrom the following compounds: hydrogen sulfide, methyl mercaptan, dimethyl sulfide, and dimethyl disulfide. 158 "Total Suspended Particulates" means particulate matter as measured bythe method described in Appendix B of40 CFR Part 50. 159 "UTM coordinates" referto the Universal Transverse Mercator Coordinate (UTM) system, which provides coordinates on a world wide flat grid. The UTM coordinate system divides the world into 60 zones, each being six degrees longitude wide and extending from 80 degrees south latitude to 84 degrees north latitude. The first zone starts atthe International Date Line and proceeds eastward. 160 "Volatile organic compound (VaC)" means any compound ofcarbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides orcarbonates, and ammonium carbonate, which participates in atmospheric photochemical reactions. vac includes any such organic compound otherthan the following, which have been determined to have negligible photochemical reactivity: acetone; 1-chloro-1,1-difluoroethane (HCFC-142b); Chlorodifluoromethane (CFC-22); 1-chloro-1-fluoroethane (HCFC-151a); chlorofluoromethane (HCFC-31); Chloropentafluoroethane (CFC-115); 2-chloro-1,1,1 ,2-tetrafluoroethane (HCFC-124); 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethylpentane (HFE-7300) 1-37



## MAR 2

# «lOllTitle 129 Chapter 1 1,1,1 ,2,3,4,4,5,5,5-decafluoropentane (HFC-43-1Omee} Dichlorodifluoromethane (CFC-12); 1,1-dichloro-1-fluoroethane (HCFC-141 b); 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb) 3,3-dichloro-1,1,1 ,2,2-pentafluoropropane (HCFC-225ca) 1,2-dichloro-1 ,1 ,2,2-tetrafluoroethane (CFC-114); 1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a); 1,1-difluoroethane (HFC-152a); difluoromethane (HFC-32); 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane [(CF3hCFCF20CH3]; dimethyl carbonate Ethane; 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane [(CF3hCFCF20C2H5]; 1-ethoxy-1,1 ,2,2,3,3,4,4,4-nonafluorobutane (C4FgOC2H5) or HFE-7200; 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trefluoromethyl) hexane (known as HFE-7500, HFE-s702, T-7145, and L-15381); ethylfluoride (HFC-161);

1-38Title 129 Chapter 1 1,1,1 ,2,2,3,3-heptafluoro-3-methoxy-propane (n-C3FyOCH3) (known as HFE7000); 1,1,1 ,2,3,3,3-heptafluoropropane (known as HFC 227ea); 1,1,1 ,2,3,3-hexafluoropropane (HFC-236ea); 1,1,1 ,3,3,3-hexafluoropropane (HFC-236fa); Methane; Methyl acetate; methyl formate (HCOOCH3 ); Methylene chloride (dichloromethane); 1,1,1 ,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4FgOCH3 ); parachlorobenzotrifluoride (PCBTF); 1,1,1,3,3-pentafluorobutane (HFC-365mfc); Pentafluoroethane (HCFC-125); 1,1,1 ,2,3-pentafluoropropane (HFC-245eb); 1,1 ,2,2,3-pentafluoropropane (HFC-245ca);

1,1 ,2,3,3-pentafluoropropane (HFC-245ea); 1,1,1 ,3,3-pentafluoropropane (HFC-245fa);

propylene carbonate

1-39



### MAR 27 2012Title 129 Chapter 1 t-butyl acetate (known at tertiary buty! acetate orTBAC); tetrachloroethylene (perchloroethylene orfPERC); 1,1,1 ,2-tetrafluoroethane (HFC-134a); 1,1 ,2,2-tetrafluoroethane (HFC-134); 1,1,1-trichloroethane (methyl chloroform); Trichlorofluoromethane (CFC-11); 1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113); 1,1,1-trifluoro-2,2-dichloroethane (HCFC-123); 1,1,1-trifluoroethane (HFC-143a); Trifluoromethane (FC-23); HFC-23 volatile methyl siloxanes (VMS); and perfluorocarbon compounds which fall into the followin9 classes:

a. Cyclic, branched, or linear, completelyfluorinated alkanes; b. Cyclic, branched, or linear, completelyfluorinated ethers with no unsaturations;

c. Cyclic, branched, or linear, completelyfluorinated tertiary amines with no unsaturations; and

1-40



## MAR 27 'lotlTitle 129 Chapter 1 d. Sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds onlyto carbon and fluorine.

161 "Wood waste" means untreated wood and untreated wood products, including tree stumps (whole or chipped), trees, tree limbs (whole or chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings. 162 "Yard waste" means grass, grass clippings, bushes, shrubs, and clippings from bushes and shrubs. They come from residential, commercial/retail, institutional, or industrial sources as part of maintaining yards or other private or public lands.:. Legal Citation: Title 129, Ch. 1, Nebraska Department of Environmental Quality



## APPROVED

MAR 27 

## 2012 

# 0J

1-41 

### APPROVED JON BRUNiNG**ATTOR~?,E~** 

### BY

...**~2c.:::::.t:**

### ...; ..**~:-.**

# A~~~~~.~ 

# ..**~~:z}{.~~~.~~al**

## APPROVED MAR 27 

## 2012

# ~ APPROVED JON BRUNING

# ~~~.~~~.~=**A~~~~~~**..

# ~~2~~.~.~al**})~~** GOVERNOR NEBRASKAADMINISTRATIVE CODE Title 129

- Department of Environmental Quality Chapter 17

- CONSTRUCTION PERMITS

- WHEN REQUIRED 001 Except as provided under section 014 ofthis chapter or Chapter 19 or42 of Title 129, no person shall cause the construction, reconstruction, or modification at any of the following without first having obtained a construction permit from the Department in the manner prescribed bythis Chapter: 001.01 Any stationary source oremission unit, such thatthere is a net increase in potential emissions at the stationary source equal to orexceeding the following levels: 001.01A Fifteen (15) tons/yearof PM lO emissions. 001.01 B Ten (10) tons/yearof PM2.5 emissions. 001.01C Forty (40) tons/year ofsulfur dioxide (S02) orsulfurtrioxide (S03), orany combination ofthe two. 001.01 D Forty (40) tons/year ofoxides of nitrogen (calculated as N02 ). 001.01 E Forty (40) tons/year ofvolatile organic compounds (VOC). 001.01€F Fifty (50)tons/year ofcarbon monoxide (CO). 001.01G Six-tenths (0.6) tons/yearof lead. 001.01 H Two and one-half (2.5) tons/year ofany hazardous air pollutant or an aggregate often (10) tons/yearofany hazardous air pollutants, including all associated fugitive emissions (see Chapter27, section 003). 001.02 When determining applicability under 001.01 above, sources in the following source categories must include fugitive emissions: 001.02A Coal cleaning plants (with thermal dryers);

17-1Title 129 Chapter 17 001.028 Kraft pulp mills; 001.02C Portland cement plants; 001.02D Primary zinc smelters; 001.02E Iron and steel mills; 001.02F Primary aluminum ore reduction plants; 001.02G Primary copper smelters; 001.02H Municipal incinerators capable ofcharging more than 250 tons of refuse perday; 001.021 Hydrofluoric, sulfuric, or nitric acid plants; 001.02J Petroleum refineries; 001.02K Lime plants; 001.02L Phosphate rock processing plants; 001.02M Coke oven batteries; 001.02N Sulfur recovery plants; 001.020 Carbon black plants (furnace process); 001.02P Primary lead smelters; 001.02Q Fuel conversion plants; 001.02R Sintering plants; 001.02S Secondary metal production plants; 17-2Title 129 Chapter 17 001.02T Chemical process plants_- The term chemical processing plant shall not include ethanol production facilities that produce ethanol by natural fermentation included in North American Industry Classification System (NAICS) codes 325193 or312140; 001.02U Fossil-fuel boilers (orcombination thereof) totaling more than 250 million British thermal units per hours heat input; 001.02V Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; 001.02W Taconite ore processing plants; 001.02X Glass fiber processing plants; 001.02Y Charcoal production plants; 001.02Z Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; 001.02AA Any other stationary source categorywhich is being regulated by a standard promulgated under Section 111 or 112 ofthe Act as ofAugust 7, 1980. 001.03 Any incinerator used for refuse disposal orforthe processing of salvageable materials except refuse incinerators located on residential premises containing five or less dwelling units used only forthe disposal of residential waste generated on the said property. 002 The standards which would have been imposed under a construction permit are applicable to those sources who have failed to obtain a permitto the same extent as ifa permit had been obtained.

17-3Title 129 Chapter 17 003 The owner oroperator of any source required to obtain a construction permit or requesting permit applicability underthis Chapter, orsubmitting a significant permit revision, shall submit an application on forms provided bythe Department. 003.01 Application Fee. Each application for a construction permit shall be accompanied by a non-refundable fee. The amount ofthe fee will be based on the amount of pollutants (including fugitive emissions) the entire source will directly emit or have the potential to emit, as follows:

Directly Emit or Have Potential to Emit: Fee Less than 50 tons peryear of any listed air pollutant; or Less than 2.5 tons peryear ofany single HAP; or $250 Less than 10tons per yearofany combination of HAPs 50 tons or more but less than 100tons per year ofany listed air pollutant; or 2.5 tons or more but less than 10 tons peryear ofany single $1,500 HAPs; or 10 tons or more but lessthan 25 tons peryear ofany combination of HAPs 100 tons or more peryear ofany listed air pollutant; or 10 tons or more peryearofany single HAP; or $3,000 25 tons or more peryearofany combination of HAPs 003.02 Listed air pollutants for application fee purposes include PM 10, 

### S02or

### S03 orany combination ofthe two, NOx, VOC, and CO. 004 An application will be deemed complete if it provides all the information required and is sufficient to evaluate the subject source and to determine all applicable requirements. The application shall be certified by a responsible official forthe source. 005 Ifthe Department determines that the application is not complete and additional information is necessaryto evaluate ortake final action on the application, the Department may request such information in writing and set a reasonable deadline for a response. 17-4Title 129 Chapter 17 006 Any applicant who fails to submit any relevant facts orwho has submitted incorrect information in a permit application shall, upon becoming aware ofsuch failure or incorrect submittal, promptly submit such supplementaryfacts or corrected information. 007 The Department shall require in the application information as necessary to determine ifthe newor modified source will interfere directly or indirectlywith the attainment or maintenance of National Primary and SecondaryAmbient Air Quality Standards, orviolate any portion ofan existing control strategy. 008 Ifan air quality impact analysis is deemed necessary by the Director as a part ofa construction permit application, concentrations of pollutants that may be expected to occur in the vicinity of a source orcombination ofsources will be determined by use of an air pollution dispersion model acceptable to the Director. Meteorological and operating conditions that may occurthat will produce the greatest concentrations ofthe pollutants emitted shall be used in evaluating the effect ofthe source(s) on airquality. 009 Disapproval ofApplication for Permits. 009.01 If it is determined bythe Directorthat emissions resulting from the operation ofa source to be constructed or modified will violate any portion of these rules and regulations, violate any applicable federal air quality**regulation~** or interfere with attainment or maintenance ofa National Ambient Air Quality Standard, no permitwill be granted until necessary changes are made in the plans and speCifications to obviate the objections to issuance. 009.02 A construction permit will not be issued for any major source or major modification when such source or modification would cause or contribute to a violation ofa national ambient air quality standard by exceeding, at a minimum, the following significant levels at any localitythat does not orwould not meet the applicable national standard:

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## MAR 2720'1Title 129 Chapter 17 Averaging period Pollutant Annual 24 hour 8 hour 3 hour 1 hour S02 1.0 ug/m3 

### 5 ug/m3 25



### --- ug/m3 

## --- PM 10 1.0 ug/m3 5 

### ug/m3

--- 

## --- --- PM2

.5 0.3 ug/m3 1.2 ug/m3 N02 1.0 ug/m3



### --- --- --- --- CO 0.5 

### 2 mg/m3



### --- --- mg/m3 

### ---

010 Issuance of permits. The Director shall publish notice of intentto approve or disapprove the application in accordance with the procedures of Chapter 14. 011 Approval, by issuance ofa permit for any construction, reconstruction, or modification, does not relieve the owneror operatorfrom the responsibility to comply with the applicable portions ofthe Implementation Plan control strategy. The permittee must complywith all conditions ofthe construction permit. Any permit noncompliance shall constitute a violation ofthe State Act and the Act, and is groundsfor enforcement action or permit revocation. 012 Ifconstruction, reconstruction, or modification ofthe source is not commenced within 18 months, the construction permit shall lapse except upon a showing by the permittee that the complexity ofthe construction, reconstruction, or modification requires additional time. 013 Additional Requirements for Construction or Modification of Sources in NonattainmentAreas. 013.01 No permit to construct or modifywill be issued for a proposed major source ora major modification ifthe source is located oris to be located in an area that is nonattainmentfor a pollutant for which the source or modification is major unless it is determined that:

17-6

i. I.iTitle 129 Chapter 17 013.01A By the time the facility is to commence operation, total allowable emissions from the same source or existing sources in the same nonattainment area, from new sources which are not major emitting facilities, and from existing sources allowed underthe Implementation Plan priorto the application for such permit to construct or modify represent a net decrease in emissions and show reasonable further progress toward attainment and maintenance ofthe ambient air quality standards, and provided that any emissions reductions required as a precondition ofthe issuance ofa permit shall be federally enforceable before such permit is issued. 013.01 B The proposed source is required to complywith the lowest achievable emission rate; and 013.01C The owneroroperator ofthe proposed newor modified source has demonstrated that all other major stationary sources owned oroperated by such person (or by an entity controlling, controlled by, or undercommon control with such person) in the State subjectto emissions limitations are in compliance, or on a schedule for compliance, with all applicable emission limitations and standards. 013.010 The proposed source is in compliance with requirements established underthe Implementation Plan and the State shall not issue a permit ifthe Administrator has determined that the applicable Implementation plan is not being adequately implemented for the nonattainment area in which the proposed source is to be constructed or modified. 013.01 E The source has completed an analysis ofalternative sites, sizes, production processes, and environmental control techniques for such proposed source which demonstratesthat benefits ofthe proposed source significantly outweigh the environmental and social costs imposed as a result of its location, construction, or modification.

17-7



## MAR 27 2012Title 129 Chapter 17 013.02 The requirements ofsection 013.01A for emission reductions from existing sources in the vicinity of proposed new sources or modifications shall be determined on a case-by-case basis. The offset baseline shall be the actual emissions ofthe source from which offset credit is obtained. 013.03 The following shall applyto emission offsets: 013.03A Ifthe emissions limit underthese regulations allows greater emissions than the potential to emit ofthe source, emissions offset credit will be allowed onlyfor control belowthis potential; 013.038 For an existing fuel combustion source, credit shall be based on the allowable emissions underthe applicable State Implementation Plan for the type offuel being burned at the time the application to construct is filed. Ifthe existing source commits to switch to a cleanerfuel at some future date, emissions offset credit based on the allowable (or actual) emissions forthe fuels involved is not acceptable, unless the permit is conditioned to require the use ofa specified alternative control measure which would achieve the same degree ofemissions reduction should the source switch back to a dirtierfuel at some laterdate. The Directorwill ensure that adequate long-term supplies ofthe newfuel are available before granting emissions offset credit forfuel switches. 013.03C Emissions reductions achieved by shutting down an existing source or permanently curtailing production oroperating hours below baseline levels may be credited, provided that the work force to be affected has been notified ofthe proposed shutdown orcurtailment. Source shutdowns and curtailments in production oroperating hours occurring prior to the date the new source application is filed generally may not be used for emissions offset credit. However, where an applicant can establish that it shut down or curtailed production less than one year priorto the date of permit application, and the proposed new source is a replacement forthe shutdown or curtailment, credit for such shutdown or curtailment may be applied to offset emissions from the new source;

17-8Title 129 Chapter 17 013.030 No emissions credit may be allowed for replacing one hydrocarbon compound with another of lesser reactivity, exceptfor those compounds listed in Table 1 of EPA's "Recommended Policy on Control ofVolatile Organic Compounds". (42 FR 35314, July 8,1977); 013.03E The procedures set out in 40 CFR Part 51, Appendix S, Section IV.D, relating to the permissible location ofoffsetting emissions, shall be followed, unless the Directordetermines that an equally stringent or more stringent procedure is appropriate. 013.03F Creditfor an emissions reduction can be claimed to the extentthat the Director has not relied on it in issuing any permit under regulations approved pursuantto 40 CFR Part 51 Subpart I or in demonstrating attainment or reasonable further progress. 013.03G Emission reductions otherwise required bythis Title shall not be creditable as emissions reductions for purposes ofany offset. 013.04 The provisions of013 do not apply to a source or modification thatwould be a majorstationary source or major modification only iffugitive emissions, to the extent quantifiable, are considered in calculating the potential to emit ofthe stationary source or modification and the source does not belong to any ofthe following categories: 013.04A Coal cleaning plants (with thermal dryers); 013.048 Kraft pulp mills; 013.04C Portland cement plants; 013.040 Primarily zinc smelters; 013.04E Iron and steel mills; 013.04F Primary aluminum ore reduction plants;

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## MAR 27 lOllTitle 129 Chapter 17013.04G Primary copper smelters; 013.04H Municipal incinerators capable ofcharging more than 250 tons of refuse perday; 013.041 Hydrofluoric, sulfuric, or nitric acid plants; 013.04J Petroleum refineries; 013.04K Lime plants; 013.04L Phosphate rock processing plants; 013.04M Coke oven batteries; 013.04N Sulfur recovery plants; 013.040 Carbon black plants (furnace process); 013.04P Primary lead smelters; 013.04Q Fuel conversion plants; 013.04R Sintering plants; 013.04S Secondary metal production plants; 013.04T Chemical process plants; The term chemical processing plant shall not include ethanol production facilities that produce_ethanol by natural fermentation included in North American Industry Classification System (NAICS) codes 325193 or312140;; 013.04U Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hours heat input; 013.04V Petroleum storage and transfer units with a total 17-10Title 129 Chapter 17 storage capacity exceeding 300,000 barrels; 013.04W Taconite ore processing plants; 013.04X Glass fiber processing plants; 013.04Y Charcoal production plants; 013.04Z Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; 013.04AA Any other stationary source categorywhich is being regulated by a standard promulgated_under Section 111 or 112 ofthe Act as ofAugust 7, 1980. 013.05 At such time that a particular source or modification becomes a major stationary source or major modification solely byvirtue ofa relaxation in any enforcement limitation which was established afterAugust 7,1980, on the capacity ofthe source or modification otherwise to emit a pollutant, such as a restriction on hours ofoperation, then the requirements ofthis section shall apply to the source or modification as though construction had not yet commenced on the source or modification. 014 Any source not required to obtain a construction permit pursuantto 001 may request a construction permit to be issued in the manner prescribed by 002 through 013 forthe following purposes:

. 014.01 Establishing enforceable limits to avoid otherwise applicable requirements underthe provisions ofTitle 129.

014.02 Revising existing construction permits to incorporate significant permit revisions as defined in Chapter 15.

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## MAR 2

## '1 20'2Title 129 Chapter 17 014.03 Establishing a PAL pursuant to the provisions ofChapter 19 ofTitle 129. The construction permit used to establish a PAL must include the information and conditions listed in Chapter 19, section 011.06. 014.04 Establishing a Best Available Retrofit Technology (BART) permit orother permit required to reduce visibility impairment in a Class I Federal area pursuant to the provisions ofChapter43. Enabling Legislation: Neb. Rev. Stat. §§81-1504(1)(2); 81-1505(12); 81-1505.06. Legal Citation: Title 129, Ch. 17, Nebraska Department of Environmental Quality



## APPROVED"·

MAR 27 

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# iJ**r;)or;:;E~** GOVERNOR

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### APPROVED JON BRUNING

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## APPROVED, MAR 27 2012 

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Title 129

- Nebraska Air Quality Regulations APPROVED JON BRUNING

### ATTOR~~~L 

### BY

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Chapter 19

- Prevention of Significant Deterioration ofAir Quality (PSD)

001 The following subsections of40 CFR 52.21 published on July 1,2009 are incorporated by reference into Chapter 19 ofTitle 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 19ofTitle 129. 002 The requirements ofthis chapter applyto the construction ofany new major stationary source orthe major modification ofany existing major stationary source, as defined in Chapter 2, section 008. The provisions ofthis 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 pursuantto provisions in Chapter 17. 003 Priorto beginning actual construction ofa new major stationary source or a major modification ofan existing majorstationary source, the owneroroperator must obtain a permit, issued by the Department, stating that the source will complywith the requirements ofthis chapter. 004 For any construction project at an existing major stationary source, the owner or operator must determine ifthe 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 Whetherthe emissions increase (PAE (or PTE) minus BAE) is significant, as defined in section 008. 19-1



## MAR 2 7 

## 2012Title 129 Chapter 19 004.05 Ifthe emissions increase is significant, whetherthe net emissions increase, as defined in section 009, is significant as defined in section 010. 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, atwhich an emissions unit actually emitted the regulated NSR pollutant during any consecutive 24- month period selected by the owneroroperatorthat 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 oroperator begins actual construction ofthe 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 eitherthe date the owneroroperator begins actual construction ofthe project, orthe date a complete permit application is received by the Departmentfor a permit required underthis section, whichever is earlier. 005.03 In no case maythe 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 ofthe categories listed in Chapter 2, sections 002.01 through 002.27. Fugitive emissions shall be considered quantifiable i(emission factors are available or if emissions can be calculated using mass balance equations orother means deemed acceptable to the Department.

19-2



## MAR 2 7

## 201(Title 129 Chapter 19 005.05B The average rate per unit shall not include fugitive emissions for sources not belonging to one ofthe categories specified in section 005.05A. 005.06 The average rate per unit shall be adjusted downward to exclude any non-compliant emissionsthat occurred while the source was operating above any emission limitation thatwas 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 ofthe consecutive 24-month period that would have required reduced emissions for any ofthe emissions units being changed ifthe regulatory changes had been in effect during the consecutive 24-month period. 005.08 When a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the BAE forthe 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 forwhich there is inadequate information for determining annual emissions orfor measuring non-compliant emissions, in tons peryear. 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.:.

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### MAR 2 7 

## 2012Title 129 Chapter 19 005.100 Emission factors as defined in Chapter 6, sections 003.03 and 003.04. 005.10E Mass Balance 005.11 Other methodoiogies ora different order of preference of methodologies than those listed in 005.10 may be used to calculate the BAE with prior concurrence ofthe Department.,. 005.12 For a new emissions unit, the BAE for purposes ofdetermining the emissions increase thatwill 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 anyone ofthe five years following the date the unit resumes regular operation afterthe project. Ifthe project involves increasing the emissions unit's design capacity or its potential to emitthe regulated NSR pollutant, and full utilization of the unit would result in a significant emissions increase ora significant net emissions increase atthe major stationary source, the PAE is the maximum annual rate in anyone ofthe ten years following the date the unit resumes regular operation afterthe project. To determine PAE, the owneror 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 orfederal regulatory authorities; and 006.02 Shall include emissions associated with startup, shutdown, and malfunctions.

19-4



## 2 7 2012Title 129 Chapter 19 006.03 Shall considerfugitive emissions as follows:. 006.03A The average rate per unit shall include fugitive emissions, to the extent quantifiable, for sources belonging to one ofthe categories listed in Chapter2, sections 002.01 through 002.27. Fugitive emissions shall be considered quantifiable ifemission factors are available or ifemissions can be calculated using mass balance equations orother means deemed acceptable to the Department. 006.03B The average rate per unit shall not includefugitive emissions for sources not belonging to one ofthe categories specified in section 006.03A. 006.04 Shall exclude, in calculating any increase in emissions that results from the particular project, that portion ofthe 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 bythe owneror operatorto determine the amount ofemissions 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, electto use the emissions unit's potential to emit (PTE), in tons peryear, as defined in section 007.

007 Potential to emit (PTE) is the maximum capacity ofa majorstationary source to emit a regulated NSR pollutant under its physical and operational design. Any physical oroperational limitation on the capacity ofthe sourceto emit such a pollutant, including air pollution control equipment and restrictions on hours of operation oron the type or amount of material combusted, stored, or processed, shall be treated as part of its design ifthe limitation orthe effect it would have on emissions is federally enforceable. Secondary emissions do not count in determining the potential to emit ofa stationary source.

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## MAR 2 7 2012Title 129 Chapter 19 008 Calculating significant emissions increase ofa regulated NSR pollutant. 008.01 Actual-to-projected-actual applicabilitytest for projects that only involve existing emissions units. A significant emissions increase ofa regulated NSR pollutant is projected to occur ifthe sum ofthe difference between PAE and BAE, foreach existing emissions unit, equals orexceedsthe significant amountforthat 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 ofa regulated NSR pollutant is projected to occur ifthe sum ofthe difference between the PTE from each existing emissions unitfollowing completion ofthe project and the BAE ofthese units before the project equals or exceeds the significant amountforthat pollutant, as described in section 010. 008.03 Actual-to-potential testfor projects that only involve construction ofa new emissions unit(s). A significant emissions increase ofa regulated NSR pollutant is projected to occur ifthe sum ofthe difference between the PTE from each new emissions unitfollowing completion ofthe project and the BAE ofthese units before the project equals orexceeds the significant amountforthat pollutant, as described in section 010. 008.04 Hybrid test for projects that involve multiple types ofemissions units. A significant emissions increase ofa regulated NSR pollutant is projected to occur if the sum ofthe 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 forthat pollutant, as described in section 010. 008.05 For any majorstationary source with a Plant-wide Applicability Limit (PAL) for a regulated NSR pollutant, the major stationary source shall complywith the requirements in section 011. 009 Ifa project results in a significant emissions increase as calculated in section 008, then a determination must be made as to whetherthe project also results in a significant net emissions increase. The net emissions increase is the amount overzero ofthe sum 19-6Title 129 Chapter 19 ofthe 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. BAEfor calculating such increases and decreases shall be as defined in section 005. 009.01 An increase ordecrease in actual emissions is contemporaneous with the increase from the project forwhich an emissions increase has been calculated in section 008 only if it occurs between the datefive years before the source begins actual construction (as defined in Chapter 1, section 023) ofthe project and the datethat the increase from the project occurs. 009.02 An increase ordecrease is creditable only ifthe Department has not relied on it in issuing a PSD permitforthe 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 orthe potential ofa source to emit any ofthe following pollutants, a rate of emissions that would equal orexceed any ofthefollowing rates: 010.01 Carbon monoxide: 100tons peryear; 010.02 Nitrogen oxides: 40 tons peryear; 010.03 Sulfurdioxide: 40 tons peryear; 010.04 Particulate matter (PM): 25 tons peryear; 010.05**PM1o~** 15 tons peryear; 010.06 PM 2.5: 10 tons peryear ofdirect PM2.5 emissions; 40 tons peryearof sulfur dioxide emissions; 40 tons peryear of nitrogen oxide emissions.! 010.07 Ozone: 40 tons peryearofvolatile organic compounds or nitrogen oxides; 010.08 Lead: 0.6 tons per year; 19-7



## MAR 2 7 lutZTitle 129 Chapter 19 010.09 Fluoride: 3 tons peryear; 010.10 Sulfuric acid mist: 7 tons peryear; 010.11 Hydrogen sulfide (H2S): 10tons peryear; 010.12 Total reduced sulfur compounds (including H2S): 10 tons peryear 010.13 Reduced sulfur compounds (including H2S): 10 tons peryear 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 peryear). 010.15 Municipal waste combuster metals (measured as particulate matter): 14 megagrams peryear (15 tons peryear); 010.16 MuniCipal waste combuster acid gases (measured as sulfurdioxide and hydrogen chloride): 36 megagrams peryear (40 tons peryear); 010.17 Municipal solid waste landfills emissions (measured as nonmethane organic compounds): 45 megagrams peryear (50 tons peryear). 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 majorstationary source. 011.02 The PAL shall impose an annual emission limitation in tons per yearthat is enforceable as a practical matter, for the entire major stationary_source. For each month during the PAL effective period afterthe first 12 months ofestablishing a PAL, the major stationary source shall show that the sum ofthe monthly emissions 19-8Title 129 Chapter 19 from each emissions unit underthe PAL forthe 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 oroperator shall showthatthe sum ofthe preceding monthly emissions from the PAL effective date for each emissions unit underthe PAL is less than the PAL. 011.03 Any physical change orchange in the method ofoperation ofa major stationary source that maintains its total source-wide emissions belowthe 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 thatwere established priorto the effective date ofthe PAL. 011.05 Permit application to establish a PAL. An owneroroperator ofa major stationary source wishing to establish a PAL must submit to the Departmentthe following**information~** 011.05A A list ofall emissions units at the source and each unit's designation as small, significant or major based on its PTE. 011.05B An indication ofwhich, if any, Federal or State applicable requirements, emission limitations, orwork practices applyto each unit and, ifanydo so, whether such requirements, emission limitations, orwork practices were taken to comply with BACT. 011.05C Calculations ofthe BAE with supporting documentation. 011.05D The calculation procedures that the major stationary source owner oroperator proposes to use to convert the monitoring system data to monthly 19-9



## MAR 2, 20nTitle 129 Chapter 19 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 foiiowing 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. 011.068 Each PAL shall regulate emissions ofonly one pollutant. 011.06C _Each PAL shall have an effective period of 10 years. 011.060 The owner oroperatorofthe major stationary source with a PAL shall complywith the monitoring, recordkeeping, and reporting requirements provided in sections 011.12, 011.13, and 011.14 for each emissions unit underthe PAL throughoutthe PAL effective period. 011.06E The PAL pollutant and the applicable source-wide emissions limitation in tons peryear. 011.06F The PAL effective date and expiration date. 011.06G Specification that ifthe owneroroperatorofthe 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 ofthe PAL effective period. It shall remain in effect until a revised permit renewing the PAL is issued ordenied by the Department. 011.06H A requirement that emission calculations for compliance purposes include emissions from startups, shutdowns and malfunctions. 011.061 A requirement that, once a PAL expires, the majorstationary source is subject to the requirements under section 011.18. 19-10Title 129 Chapter 19 011.06J The calculation procedures thatthe owner oroperator ofthe source shall 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 section 011.12. 011.06K 

## .A requirementthatthe major stationary source owner or operator monitor all emissions units in accordance with the provision under section 011.12. 011.06L A requirementto 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 afterthe PAL effective period) are emissions reductions ofa PAL pollutantthat occur during the PAL effective period creditable as decreasesfor purposes ofoffsets under Chapter 17, section 013.03, unlessthe level ofthe PAL is reduced bythe amount ofsuch emissions reductions and such reductions would be creditable in the absence ofthe PAL 011.060 Any other requirements thatthe 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 ofthe BAE ofthe PAL pollutant for each emissions unit at the source; plus an amount equal to the applicablesignificant level forthe PAL pollutant under section 010 or underJhe Act, whichever is lower. Emissions associated with units thatwere permanently shut down afterthe 24- month period used forthe BAEmust be subtracted from the PAL level. Emissions from units on which actual construction began afterthe 24-month period must be added to the PAL level in an amount equal to the PTE ofthe units. The Department shall specify a reduced PAL level in tons peryear in the construction permit establishing the PALto become effective on the future compliance date(s)

19-11



## MAR 2 7 

## 2012Title 129 Chapter 19 ofany applicable Federal or State regulatory requirement(s) thatthe Department is aware of priorto issuance ofthe construction permit establishing the PAL. 011.08 During the PAL effective period, the Department is required to reopen the construction permit to: 011.08A Correcttypographical orcalculation errors made in setting the PAL orto reflect a more accurate determination ofemissions used to establish the PAL. 011.088 Reduce the PAL ifthe owner oroperator ofthe majorstationary source creates creditable emissions reductions for use as offsets under Chapter 17, section 013.03. 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 afterthe PAL effective date. 011.098 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 ifthe Department determines that a reduction is necessaryto avoid causing orcontributing to a NAAQS or PSD increment violation, orto 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 forwhich information is available to the general public. 011.10 Exceptforthe 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.

19-12



## MAR 27 2012Title 129 Chapter 19 011.11 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 ifthe owneroroperatorofthe major stationary source complies with the following: 011.11A 1 The owner oroperator shall submit a complete construction permit application to request an increase in the PAL limit for a PAL major modification. The application shall identifythe emissions unit(s) contributing to the increase in emissions so as to cause the major stationary source's emissionsto equal orexceed its PAL. 011.11A2 As part ofthis application, the owner oroperator shall demonstratethat the sum ofthe BAE ofthe small emissions units, plus the sum ofthe BAE ofthe significant and major emissions units (assuming application of BACT equivalent controls), plus the sum ofthe allowable emissions ofthe new or modified emissions unit(s), exceeds the PAL. The level ofcontrol thatwould 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 requirementthat was established within the preceding 10 years. In such a case, the assumed control level forthat emissions unit shall be equal to the level of BACTwith which that emissions unit must currently comply. 011.11A3 The owner oroperator must obtain a major PSD permitfor all emissions unit(s) identified in section 011.11A1, without regard to whetherthe increase in emissions forthe unit will be Significant. These emissions unit(s) shall complywith any emissions requirements resulting from the major PSD process, even though they have also become subjectto the PAL orcontinue to be subject to the PAL. 011.11A4 The PAL permit shall require thatthe increased PAL level shall be effective on the day any emissions unit that is part ofthe PAL 19-13



## MAR 2 7

## 2012Title 129 Chapter 19 major modification becomes operational and begins to emitthe PAL pollutant. 011.11 B The Department shall calculate the new PAL as the sum ofthe allowable emissions for each modified or new emissions unit, plus the sum of the BAE ofthe significant and major emissions units (assuming application of BACT equivalent controls), plus the sum ofthe BAE ofthe 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 permitthat includes a PAL must contain enforceable requirements forthe monitoring system that accurately determines plant-wide emissions ofthe PAL pollutant in terms of mass per unit oftime. 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 ajudicial proceeding to enforce the permit that includesthe PAL. Failure to use a monitoring system that meets the requirements ofsection 011.12 renders the PAL invalid. The PAL monitoring system must employ one ofthe monitoring approaches listed in sections 011.12A through 011.120 oran alternative approach approved bythe Department 011.12A CEMS which meetthe 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. 011.12B PEMS which meet the following requirements:

19-14Title 129 Chapter 19 011.12B1 Any PEMS must be approved for use by the Department in accordance with Chapter34, 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, orat another less frequent interval approved bythe Department, while the emissions unit is operating. 011.12C Emissions factors which meetthe following**requirements~** 011.12C1 All emissions factors shall be adjusted, if appropriate, to accountforthe degree of uncertainty or limitations in the factors' development; 011.12C2 The emissions unit shall operate within the designated range of use forthe emissions factor ifapplicable; and 011.12C3 Iftechnically practicable, the owneroroperatorofa significant emissions unitthat relies on an emissions factorto calculate PAL pollutant emissions shall conduct validation testing to determine a site-specific emissions factor in accordance with Chapter34, section 007, unless the Department determinesthat such testing is not required. 011.12D Mass balance calculations for activities using coatings or solvents which meetthe following**requirements~** 011.12D1 Provide a demonstrated means ofvalidating the published content ofthe PAL pollutantthat is contained in orcreated by all materials used in or at the emissions unit; 011.12D2 Assume that the emissions unit emits all ofthe PAL pollutant that is contained in orcreated by any raw material orfuel used in orat the emissions unit, if it cannot otherwise be accounted for in the process; and

19-15



## MAR 21 2.012.Title 129 Chapter 19 011.1203 Where the vendor ofa materia! orfuel, which is used in orat the emissions unit, publishes a range of pollutant content from such material, the owneroroperator must use the highest value ofthe range to calculate the PAL pollutant emissions unless the Department determinesthere is site-specific data or a site-specific monitoring program to support anothercontentwithin the range. 011.12E An owner or operator must record and report maximum potential emissions without considering enforceable emission limitations oroperational restrictions for an emissions unit during any period oftime that there is no monitoring data, unless another methodJordetermining emissions during such periods is specified in the permit,. 011.12F Notwithstanding the requirements in sections 011.12Athrough 011.120, where an owneroroperatorofan emissions unit cannot demonstrate a correlation between the monitored parameter(s) and the PAL pollutant emissions rate at all operating points ofthe emissions unit, the Department shall, atthe 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 ofthe emissions unit during operating conditions when there is no correlation between monitored parameter(s) and the PAL pollutant emissions is a violation ofthe PAL. 011.12G Re-validation. All data used to establish the PAL pollutant must be re-validatedthrough performance testing orother scientifically valid means approved bythe Department. Such testing must occur at leastonce every five years after issuance ofthe PAL. 011.13 Recordkeeping requirements. The construction permit which contains the PAL shall require the owner or operatorto retain a copy ofall records necessaryto determine compliance with any requirement of section 011 and ofthe PAL,

19-16Title 129 Chapter 19 including a determination of each emissions unit's 12-month rolling total emissions, forfive years from the date of such record. Such permit shall also require the owner oroperatorto retain a copy ofthe following records, forthe duration ofthe PAL effective period plus five years: 011.13A A copy ofthe permit application requesting a PAL and applications for revisions to the PAL; and 011.138 Each annual certification ofcompliance pursuantto 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 submitthe 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 Departmentwithin 30 days ofthe end of each reporting period. This report shall contain the following**information~** 011.14A1 The identification ofthe 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 ofany deviations or monitoring malfunctions (otherthan the time associated with zero and span calibration checks), and any corrective action taken. 19-17



## MAR 2

## "1 2012Title 129 Chapter 19 011.14A6 A notification ofa shutdown ofany monitoring system, whetherthe shutdown was permanent ortemporary, the reason forthe shutdown, the anticipated date thatthe monitoring system will be fully operational or replaced with another monitoring system, and whether the emissions unitmonitored bythe monitoring system continued to operate, and the calculation ofthe emissions ofthe pollutant orthe numberdetermined 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 ofthe information provided in the report:. 011.148 Deviation report. The owneroroperator shall promptly submit reports ofanydeviations or exceedance ofthe PAL requirements, including periods where no monitoring is available. A report submitted pursuant to Chapter8, section 004.038 including time limits, shall satisfythis reporting requirement. The reports shall contain the following information: 011.1481 The identification ofthe owner oroperatorand the permit number; 011.1482 The PAL requirement that experienced the deviation orthat was**exceeded~** 011.1483 Emissions resulting from the deviation or the exceedance; and 011.1484 A signed statement bythe responsible official certifying the truth, accuracy, and completeness ofthe information provided in the report. 011.14C _Re-validation results. The owner oroperator shall submit to the Departmentthe results ofany re-validation test or method within 45 days after completion ofsuch test or method.

19-18Title 129 Chapter 19 011.15 PAL Renewal. The owner oroperator ofa source with a PAL may apply for PAL renewal no soonerthat 18 months and no laterthan six months priorto the end ofthe PAL effective period. Ifthe 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 ordenied. A complete application shall consist ofthe following: 011.15A All ofthe information required for an initial application as listed in section 011.05. 011.158 A proposed PAL level. 011.15C The sum ofthe PTE ofall emissions units underthe PAL, with supporting documentation. 011.150 Any other information the owner oroperatorwants the Department to consider in determining the appropriate level for renewing the PAL. 011.16 The Department shall followthe 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 forthe proposed PAL level to the public for review and comment. During such public review, any person may propose a PAL level forthe source for consideration bythe Department. 011.17 Adjusting the PAL at the time of renewal 011.17A Ifthe emissions level calculated in accordance with section 011.07 atthe time of renewal is equal to orgreaterthan 80 percent ofthecurrently permitted PAL level, the Department may renewthe PAL atthe currently permitted level without considering the factors setforth in section 011.17B. 011.17B At the Department's discretion, it may set the PAL at a level that it determinesto be more representative ofthe source's BAE, orJhat it determines to be appropriate considering air quality needs,_advances in control technology, anticipated economic growth in the area, desire to reward

19-19



### MAR 2 7 

## 2012Title 129 Chapter 19

or encourage the source's voluntary emissions reductions, orotherfactors as specifically identified by the Department in its written rationale. 011.17C Notwithstanding the discretion allowed in sections 011.17A and 011.178, 011.17C1 Ifthe PTE ofthe source is lessthan the PAL, the Department shall adjust the PAL to a level no greaterthan the PTE of the-source. 011.17C2 The Department shall not approve a renewed PAL level higherthan the current PAL, unless the source has complied with the provisions ofsection 011.11. 011.17D Ifthe compliance date for a State or Federal requirement that applied to the PAL source occurs during the PAL effective period, and ifthe Department has not already adjusted for such requirement, the PAL shall be adjusted at the time of PAL renewal oroperating permit renewal which ever occurs first. 011.18 Expiration ofa PAL.Any PAL that is not renewed in accordance with the procedures in section 011.15 shall expire atthe end ofthe PAL effective period and the requirements in section 011.18 shall apply. Ifan 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 ofemissions units) that existed underthe PAL shall comply with an allowable emissions limitation under a newconstruction 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 ofemissions units, if such a distribution is more appropriate as decided by the Department) by distributing the PAL allowable emissions forthe source among each 19-20Title 129 Chapter 19 ofthe emissions unitsthat existed underthe PAL. Ifthe PAL had not yet been adjusted foran applicable requirement that became effective during the PAL effective period, as required under section 011.17D, such distribution shall be made as ifthe PAL had been adjusted. 011.18A2 The Department shall decide whether and howthe PAL allowable emissions will be distributed and issue a construction permit incorporating allowable limits for each emissions unit, oreach group of emissions units, as the Department determines is appropriate. 011.188 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.) otherthan 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, oreach group of emissions units, as required under section 011.18A, the source shall continue to comply with a sQurce-wide, multi-unit emissions cap equivalent to the level ofthe PAL emissions limitation. 011.18D Any physical change orchange in the method ofoperation atthe major stationary source will be subject to major PSD requirements ifsuch change meets the definition of major modification in Chapter 1, section 076. 011.18E The major stationary source owner or operator shall continue to complywith any State or Federal applicable requirements that may have applied either during the PAL effective period or priorto the PAL effective period exceptforthose 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 otherthan an annual period listed below, the applicable maximum allowable increase may be exceeded during one such period

19-21



### MAR 2 7 2012Title 129 Chapter 19 peryear at anyone location. In any area ofthe state, increases in pollutant concentration overthe 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 PM 10, annual arithmetic mean: 17 micrograms percubic meter 012.04 PM lO, 24 hour maximum: 30 micrograms per cubic meter 012.05 Sulfurdioxide, annual arithmetic mean: 20 micrograms percubic meter 012.06 Sulfurdioxide, 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 percubic meter 013 Ambient air ceilings. No concentration ofa pollutant shall exceed: 013.01 The concentration permitted underthe national secondary ambient air quality standard, or 013.02 The concentration permitted underthe national primary ambient airquality standard, whichever concentration is lowest forthe pollutantfor 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 ofconcentrations referred to in sections 014.01 and 014.02 shall apply more than five years afterthe effective date ofthe 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 19-22Title 129 Chapter 19 both by reason ofan order in effect under section 2 (a) and (b) ofthe Energy Supply and Environmental Coordination Act of 1974 (orany superseding legislation) overthe 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 pursuantto the Federal PowerAct overthe emissions from such sources before the effective date of such plan; 014.03 Concentrations of particulate matterattributable to the increase in emissions from construction orother temporary emission-related activities of new or modified sources; and 014.04 The increase in concentrations attributable to new sources outside the United States overthe concentrations attributable to existing sources which are included in the baseline concentration. 015 Stack heights. Requirements for control of pollutants underthis chapter shall be in accordance with Chapter 16. 016 Exemptions for particular majorstationary source or major modification. The requirements ofsections 017 through 024 shall not applyto a particular majorstationary 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 atsuch an institution and the Governor ofthe State of Nebraska requests that it be exemptfrom those requirements; 016.02 The source or major modification would be a major stationary source or major modification only iffugitive emissions, to the extent quantifiable, are considered in calculating the PTE ofthe stationary source or modification and the source does not belong to any ofthe categories listed in Chapter 2, sections 002.01 through 002.27.

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### MAR 2

## 7 2012Title 129 Chapter 19 016.03 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 owneroroperator proposes to temporarily relocate the source so that emissions atthe new location would be temporary; and 016.038 The emissions forthe 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 016.030 Notice of relocation is given to the Department in accordance with Chapter 10. 016.04 Requirements equivalentto those in sections 017through 024 do not applyto a majorstationary source or major modification with respect to a particular pollutant ifthe owner oroperatordemonstrates that, as to that pollutant, the source or major modification is located in an area designated as nonattainment under section 107 ofthe Act. 016.05 Requirements equivalentto those contained in sections 018, 020, and 022 do not applyto a proposed majorstationary source or major modification with respect to a particular pollutant, ifthe allowable emissions ofthat pollutantfrom a new source, orthe net emissions increase_ofthat 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 equivalentto those contained in sections 018, 020, and 022 as they relate to any maximum allowable increase for a Class II area do notapply to a modification ofa major stationary source that was in existence on March 1, 1978, ifthe net increase in allowable emissions of each regulated NSR pollutant from the modification afterthe application of 8ACTwould be less than 50 tons per year.

19-24

17 ,r-j i, .' (Title 129 Chapter 19 016.07 The Department may exempt a proposed major stationary source or major modification from the requirements ofsection 020, with respect to monitoring for a particular pollutant, if: 016.07A The emissions increase ofthe pollutantfrom a new stationary source orthe net emissions increase ofthe 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 percubic meter, 24-hour average; 016.07A4 PM 10 - 10 micrograms per cubic meter, 24-hour average; 016.07A5 Sulfurdioxide

- 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 100tons peryear or more ofVOCs subject to PSD would be required to perform an ambientjmpact analysis, including the gathering ofambient 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, i-hour average;

19-25



## MAR 27 

## 2012Title 129 Chapter 19 016.07A10 Hydrogen sulfide

- 0.2 micrograms per cubic meter, 1-hour average; 016.07A11 Reduced sulfur compounds -10 micrograms per cubic meter, 1-houraverage; or 016.07B The concentrations ofthe pollutant in the area that the source or major modification would affect are less than the concentrations listed in section 016.07 A; or 016.07C The pollutant is not listed in section 016.07A. 016.08 Permitting requirements equivalent to those contained in section 018.01 B do not applyto a stationary source or modification with respect to any maximum allowable increase for nitrogen oxides ifthe owneroroperator ofthe source or modification submitted an application for a permit underthe applicable permit program approved or promulgated underthe Act before the provisions embodying the maximum allowable increase took effect as part ofthe plan and the Department subsequently determined that the application as submitted before that datewas 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 PM 10 ifthe owneroroperatorofthe source or modification submitted an application for a permit underthe applicable permit program approved underthe Act before the provisions embodying the maximum allowable increases for PM 10took effect as part ofthe plan, and the Department subsequently determined that the application as submitted before that date was complete. Instead, the applicable requirements equivalent to section 018.01 B shall apply with respect to the maximum allowable increases forTSP as in effect on the date the application was submitted. 017 Control technology review.

19-26Title 129 Chapter 19 017.01 A major stationary source or major modification shall meet each applicable emissions limitation underthe 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 pollutantthat itwould have the potential to emit in significant amounts. 017.03 A major modification shall apply BACTfor each regulated NSR pollutant for which it would be a significant net emissions increase atthe source. This requirement applies to each proposed emissions unit at which a net emissions increase in the pollutant would occur as a result ofa physical change orchange in the method ofoperation 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 laterthan 18 months priorto commencement ofconstruction ofeach independent phase ofthe project. At such time, the owneroroperatorofthe applicable stationary source may be required to demonstrate the adequacy ofany previous determination of BACTforthe source. 018 Source impact analysis. 018.01 Required Demonstration. The owner oroperator ofthe proposed source or modification shall demonstrate that allowable emission increases from the proposed source or modification, in conjunction with all other applicable emissions 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 inany air quality control region; or 018.01 B Any applicable maximum allowable increase overthe baseline concentration in any area.

19-27



## MAR 27 2GilTitle 129 Chapter 19 018.02 Significant impact levels. For purposes of PM2.5,the demonstration required in section 018.01 ofthis chapter is deemed to have been made ifthe emissions increases ofthe new stationary source alone orfrom 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; 018.028 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, appendixW (Guideline on Air Quality Models) is inappropriate, the model may be modified oranother model substituted. Such a modification or substitution ofa model may be made on a case-by-case basis or, where appropriate, on a generic basis adopted bythe Department. Written approval ofthe Administrator must be obtained for any modification or substitution. In addition, use ofa modified or substituted model must be subject to notice and opportunityfor public comment under procedures setforth 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 ofthe following pollutants: 020.01A 1 Forthe source, each pollutant that it would have the potential to emit in a significant amount;

19-28Title 129 Chapter 19 020.01A2 Forthe major modification, each pollutantforwhich it would result in a significant net emissions increase. 020.01 B With respect to any pollutant forwhich no NAAQS exists, the analysis shall contain such air quality monitoring data as the Department determines is necessaryto assess ambient airqualityforthat pollutant in any area thatthe emissions ofthat pollutantwould affect. 020.01C With respect to any pollutant (otherthan nonmethane hydrocarbons)forwhich such a standard does exist, the analysis shall contain continuous air quality monitoring data gathered for purposes of determining whether emissions ofthat pollutant would cause orcontribute to a violation ofthe standard orany maximum allowable increase. 020.01 D The continuous air monitoring data that is required shall have been gathered over a period ofone year and shall represent the year preceding receipt ofthe application, exceptthat, ifthe Department determines that a complete and adequate analysis can be accomplished with monitoring data gathered overa period shorterthan one year (but not lessthan four months), the data that is required shall have been gathered over at leastthat shorter period. 020.01 E The owner or operatorofa proposed major stationary source or major modification ofvolatile 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 owneroroperatorofa major stationary source or major modification shall, after construction ofthe_stationary source or major modification, conduct such ambient monitoring as the Department determines is necessaryto determine the effect emissions from the stationary source or major modification may have, or are having, on air quality in any area.

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## MAR 

## 27 lOllTitle 129 Chapter 19 020.03 Operation ofmonitoring stations. The owneroroperatorofa major stationary source or major modification shall meet the requirements of40 CFR 58, Appendix B during the operation of monitoring stations for purposes ofsatisfying the requirements ofsection 020. 021 Source information. 021.01 The owner or operatorof a proposed source or major modification shall submit all information necessaryto perform any analysis or make any determination required under procedures established in accordance with Chapter 19. Such information shall include 021.01A A description ofthe nature, location, design capacity, and typical operating schedule ofthe source or major modification, including specifications and drawings showing its design and plant layout; 021.01 B A detailed schedule for construction ofthe source or major modification; 021.01C A detailed description as to what system ofcontinuous emission reduction is planned bythe source or major modification, emissions estimates, and any other information as necessaryto determine that BACT as applicable would be applied. 021.02 Upon request bythe Department, the owneror operator shall also provide information on 021.02A The air quality impact ofthe source or major modification, including meteorological and topographical data necessaryto estimate such impact; and 021.02B The air quality impacts and the nature and extent ofany orall general commercial, residential, industrial, and othergrowth which has occurred since August 7, 1977, in the area the source or major modification would affect.

19-30Title 129 Chapter 19 022 Additional impact analyses. 022.01 The owneroroperatorshall provide an analysis ofthe impairmentto visibility, soils, and vegetation that would occur as a result ofthe source or modification and general commercial, residential, industrial, and other growth associated with the source or major modification. The owneroroperator need not provide an analysis ofthe impact on vegetation having no significant commercial or recreational value. 022.02 The owneror operator shall provide an analysis ofthe air quality impact projected forthe area as a result ofgeneral 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 ifa permit application is complete within 60 days after receipt ofthe application and so notifythe applicant. Ifthe Department determines that the application is 

### Ret incomplete and additional information is necessaryto evaluate ortake 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 ortake final action on the application. 023.02 Ifthe Department does not determine that the application is 

### Ret incomplete, the application is automatically deemed to be complete 60 days after it was received by the Department. Nothing in this section shall prohibit the Departmentfrom requesting additional information that is_necessary to evaluate or take final action on the application or release the applicantfrom providing such information. 023.03 Within one year after receipt ofa complete application, the Department shall make a preliminary determination whether construction should be approved, approved with conditions, or disapproved.

19-31 

## MAR 2 7 

## 2012Title 129 Chapter 19

023.04 The Department shall provide opportunityto 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 ofa major PSD construction permit shall not relieve any owner oroperator ofthe responsibility to comply fully with applicable provisions ofthe SIP and any other requirements under local, state or Federal law. 024.02 At anytime 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 afterAugust 7,1980, on the capacity ofthe source or modification otherwise to emit a pollutant, such as a restriction on hours ofoperation, then the requirements ofsections 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 majorstationary source where the project is not a part ofa major modification and where the owneroroperator elects to use the method specified in sections 006.01 through 006.04for calculating projected actual emissions. 024.03A Before beginning actual construction ofthe project, the owner or operatorshall document and maintain a record ofthe following information: 024.03A1 A description ofthe project; 024.03A2 Identification ofthe emissions unit(s) whose emissions of a regulated NSR pollutant could be affected bythe 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 ifapplicable. The owner or 19-32

,to.Title 129 Chapter 19 operator must also include the amount of emissions excluded due to demand growth, as defined in section 006.04, and an explanation for why such amount was excluded. 024.03B Before beginning actual construction, the owneroroperator shall meetface-to-face with a Department representative to discussthe PAE determination, and shall provide a copy ofthe information set out in section 024.03Ato the Department. The owner or operator ofsuch a unit is not required to obtain any determination from the Department before beginning actual construction. 024.03C The owneroroperator shall monitorthe emissions ofany regulated NSR pollutantthat could increase as a result ofthe project and that is emitted by any emissions unit identified in section 024.03A2 and calculate and maintain a record ofthe annual emissions, in tons peryear on a calendar year basis, for a period offive years following resumption of regular operations afterthe change, orfor a period of 10 years following resumption of regular operations afterthe change ifthe project increasesthe design capacity_or potential to emit ofthat regulated NSR pollutant at such emissions unit. 024.030 Ifthe unit is an existing electric utility steam generating unit, the owneroroperator shall submit a report to the Departmentwithin 60 days afterthe end ofeach calendaryear during which records must be generated undersection 024.03C, setting out the unit's annual emissions during the calendar yearthat preceded submission ofthe report. 024.03E Ifthe unit is an existing unit otherthan an electric utility steam generating unit, the owner oroperator shall submit a report to the Department ifthe annual emissions; in tons peryear, from the project identified in section 024.03A exceed the BAE (as documented and maintained pursuant to section 024.03A3) by 80 percent ofthe significant amountforthat regulated NSR pollutant, as listed in section 010. Such report shall be submitted to the Department within 60 days afterthe end ofsuch calendar year. The report shall contain the following: 19-33



## MAR 2'1 

## ZO\lTitle 129 Chapter 19 024.03E1 The name, address and telephone numberofthe major stationary source; 024.03E2 The annual emissions as calculated pursuant to section 024.03E. 024.03E3 An explanation as to whetherthe emissions differfrom the preconstruction projections, and, ifso, why.

024.03F A PSD construction permit is required for each unit with annual net emissions ofa regulated NSR pollutant exceeding the significant level listed in section 010 notwithstanding PAE belowthe significant level.

024.04 The owner oroperator shall make the information required to be documented and maintained pursuantto section 024.03 available for review upon request for inspection bythe Department orthe general public pursuantto the requirements contained in Chapter 14. 025 Ifany provisions ofthis section, orthe application ofsuch provision to any person orcircumstance, is held invalid, the remainder ofthis section, orthe application ofsuch provision to persons orcircumstances otherthan 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 

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Title 129

- Department of Environmental Quality Chapter 27

- HAZARDOUS AIR POLLUTANTS, MAXIMUM ACHIEVABLE CONTROLTECHNOLOGY (MACT) 001 Notwithstanding any other provisions ofthese regulations, Sections 63.70 through 63.81 ofTitle 40 Code of Federal Regulations (CFR) Part 63, Subpart D, effective December29, 1992, pertaining to compliance extensions forearly reductions, are hereby adopted and incorporated by reference. 002 Requirementfor new, modified, or reconstructed sources of hazardous air pollutants. A permit as required under section 001.01 

### H of Chapter 17 will be issued for construction, reconstruction, or modification ofa source with the potential to emit any hazardous air pollutant in an amount equal to or in excess oftwo and one-half (2.5) tons/year or more of any hazardous air pollutant oran aggregate often (10.0) tons/year or more of any hazardous air pollutants only if best available control technology (BACT), as determined bythe Director, is applied for each hazardous air pollutant and the source will comply with all other requirements ofthese regulations. In no event shall application of best available control technology result in emissions ofany pollutant which would exceed the emissions allowed by any applicable standard under Chapters 18,23,27,or28. 003 Requirements for new or reconstructed major sources of hazardous air pollutants. A permit as required undersection 001.01 H ofChapter 17 for construction or reconstruction ofa source with the potential to emit an amount equal to or in excess of 10tons peryear ofany hazardous air pollutant or25 tons peryear or more ofany 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 ofthese regulations. 003.01 For purposes ofthis 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 December27, 1996, are hereby adopted and incorporated by reference.

003.02 Except as provided in 003.01, the provisions and procedures of Chapter 17 and 002 above apply. 27-1Title 129 Chapter27 004 This section is reserved for requirements to be established under Section 112(i)of the Act. 005 Notwithstanding any otherprovisions ofthese regulations, Sections 63.50 through 63.56 ofTitle 40 Code of Federal Regulations (CFR) Part 63, Subpart B, as amended at 67 Federai Register 16582 on April 5, 2002, pertaining to maximum achievable control technology determinations for emission units subjectto case-by-case determination ofequivalent 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



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