NEBRASKA ADMINISTRATIVE CODE 

Title 129 - Department of Environmental Quality 

Chapter 1 - DEFINITIONS 

Definitions included here apply to the state regulations in this Title and to the 

Appendices. Unless otherwise defined, or a 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 Air Act, as amended (42 U.S.C. 7401 et seq.). 

002 "Actual emissions" for purposes other than the Prevention of Significant 

Deterioration program, means the actual rate of emissions 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 per year, at which the unit actually emitted the pollutant 

during the preceding year and which is representative of normal source 

operation. The Director shall allow the use of a different time 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 equivalent to the actual emissions ofthe unit. 

002.03 For any emissions unit which has not begun normal operations on the 

particular date, actual emissions shall equal the potential to emit ofthe unit 

on that date. 

003 "Actual emissions", for purposes of the Prevention of Significant Deterioration 

program, means the actual rate of emissions of a regulated NSR pollutant from an 

emissions unit as determined in accordance with sections 003.01 through 003.03 

except that this definition shall not apply for calculating whether a significant 

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emissions increase has occurred, or for establishing a Plantwide Applicability 

Limitation (PAL) under Chapter 19, section OIl. Instead, "baseline actual 

emissions" and "projected actual emissions" shall apply for those purposes. 

003.01 In general, actual emissions as of a particular date shall equal the 

average rate, in tons per year, at which the unit actually emitted the pollutant 

during a consecutive 24-month period which precedes the particular date and 

which is representative of normal source operation. The Director shall allow 

the use of a different time 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. 

003.02 The Director may presume that the source-specific allowable 

emissions for the unit are equivalent to the actual emissions of the unit. 

003.03 For any emissions unit which has not begun normal operations on the 

particular date, actual emissions shall equal the potential to emit of the unit 

on that date. 

004 "Actuals PAL" for a major stationary source means a Plantwide Applicability 

Limitation (PAL) based on the baseline actual emissions of all emissions units at 

the source, that emit or have the potential to emit the PAL pollutant. 

005 "Administrator" means the Administrator of the 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 of performance is specifically applicable. 

007 "Affected source" means a source that includes one or more affected units. 

008 "Affected States" means all States that: 

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008.01 Are one of the following contiguous States: Colorado, Iowa, Kansas, 

Missouri, South Dakota, and Wyoming, and in the judgment of the 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 of the permitted source. 

009 "Affected unit" means a unit that is subject to emission reduction requirements 

or limitations under Chapter 26. 

010 "Air contaminant" or "Air contamination" means the presence in the outdoor 

atmosphere of any dust, fumes, mist, smoke, vapor, gas, or other gaseous fluid, or 

particulate substance differing in composition from or exceeding in concentration 

the natural components of the atmosphere. 

011 "Air curtain incinerator" means an incinerator that operates by forcefully 

projecting a curtain of air across an open chamber or pit in which combustion 

occurs. Incinerators of this type can be constructed above or below ground and with 

or without refractory walls and floor!. 

012 "Air pollutant" or "air pollution" means the presence in the outdoor atmosphere 

of one or more air contaminants or combinations thereof in such quantities and of 

such duration as are or may tend to be injurious to human, plant or animal life, 

property, or the conduct of business. 

013 "Air pollution control agency" means any of the 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 by two or more states and having substantial 

powers or duties pertaining to the prevention and control of air pollution; 

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013.03 A city, county, or other local government health authority; or in the 

case of any city, county, or other local government in which there is an 

agency other than the health authority charged with responsibility for 

enforcing ordinances or laws relating to the prevention and control of air 

pollution, such other agency; or 

013.04 An agency oftwo or more municipalities located in the same state or 

in different states and having substantial powers or duties pertaining to the 

prevention and control of air pollution. 

014 "Air Quality Control Region" means a region designated by the Governor, 

with the approval of the Administrator, for the purpose of assuring that national 

primary and secondary ambient air quality standards will be achieved and 

maintained. Within one year after the promulgation of a new or revised National 

Ambient Air Quality Standard, the Governor must designate each region as nonattainment, attainment, or unclassifiable. The Administrator must approve the 

designations. 

015 "Allowable emissions" means 

015.01 For a stationary source, the emissions rate ofa stationary source 

calculated using the maximum rated capacity of the 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 of the following: 

015.01 A The applicable standards set forth in 40 CFR Parts 60 

(Standards ofPerforrnance for New Stationary Sources) or Parts 61 or 

63 (National Emission Standards for Hazardous Air Pollutants); 

015.01B Any applicable State Implementation Plan emissions 

limitation including those with a future compliance date; or 

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015.OlC The emissions rate specified as a federally enforceable permit 

condition, including those with a future compliance date. 

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 015.02B: 

015.02A The allowable emissions for any emissions unit shall be 

calculated considering any emission limitations that are enforceable as 

a practical matter on the emissions unit's potential to emit. 

015.02B An emissions unit's potential to emit shall be determined 

using the definition in section 113 except that the words "or 

enforceable as a practical matter" should be added after "federally 

enforceable" . 

016 "Ambient air" means the portion of the atmosphere, external to buildings, to 

which the general public has access. 

017 "AP-42" refers to the Compilation of Air Pollutant Emission Factors, 

published by the EPA Office of Air 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 at the time of issuance but have future-effective compliance dates: 

018.01 Any standard or other requirement provided for in the applicable 

implementation plan that implements the relevant requirements of the Act, 

including any revisions to that plan promulgated in 40 CFR part 52; 

018.02 Any term or condition of any construction permits; 

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018.03 Any standard or other requirement under Chapter 18 relating to 

standards of performance for new stationary sources; 

018.04 Any standard or other requirement established pursuant to Section 

113 of the Act and regulations adopted by the Council in Chapters 23, 27 and 

28 relating to hazardous air pollutants listed in Appendix II or Appendix III; 

018.05 Any standard or other requirement of the acid rain program under 

Chapter 26; 

018.06 Any requirements established under Chapter 31 or pursuant to any 

permit or order issued by the Director under this Title; 

018.07 Any standard or other requirement governing solid waste incineration 

under Chapter 18 or pursuant to Section 129( e) of the Act and regulations 

adopted by the Council; 

018.08 Any standard or other requirement for consumer and commercial 

products established under Section 183(e) of the Act and regulations adopted 

by the Council; 

018.09 Any standard or other requirement for tank vessels established under 

Section 183(f) and regulations adopted by the Council; 

018.10 Any standard or other requirement to protect stratospheric ozone as 

promulgated pursuant to Title VI of the Act and regulations adopted by the 

Council; and 

018.11 Any national ambient air quality standard or increment or visibility 

requirement under the Prevention of Significant Deterioration Program as 

defined in Chapter 1, but only as it would apply to temporary sources 

permitted pursuant to Chapter 10. 

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018.12 "Applicable requirements under the Act" means federal regulations 

promulgated pursuant to the Clean Air Act, as amended, which have not been 

considered and adopted by the Council. 

019 "Area source" means: 

019.01 For the purposes of Class I permits under Chapter 5, 001.01C, any 

stationary source of hazardous air pollutants that is not a major source and as 

more particularly defined by National Emission Standards for Hazardous Air 

Pollutants promulgated under 40 CFR Part 63 and adopted by the Council. 

019.02 For all other purposes, any small residential, governmental, 

institutional, commercial, or industrial fuel combustion operation; on-site 

waste disposal facility, vessels, or other transportation facilities; or other 

miscellaneous sources, as identified through inventory techniques approved 

by the Director. 

019.03 Area source shall not include motor vehicles 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 under section 1 07( d)(1 jf9f (A)(ii)or f€j (iii)ofthe 

Act in which the major source or major modification establishing the minor source 

baseline date would construct or would have an air quality impact for the pollutant 

for which the baseline date is established, as follows: equal to or greater than one 

ill microgram per cubic meter (annual average) of the pollutant for v/hich the 

minor source baseline date is established for SO?, NO?, or PMIO ; or equal to or 

greater than 0.3 micrograms per cubic meter (annual average) for PM2.S .. 

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022 "Baseline concentration" means that ambient concentration level that exists in 

the baseline area at the time of the applicable minor source baseline date. 

022.01 A baseline concentration is determined for each pollutant for which a 

minor source baseline date is established and shall include~ 

022.01A The actual emissions, as defined in section 002, 

representative of sources in existence on the applicable minor source 

baseline date, except as provided in section 022.02; and 

022.01B The allowable emissions of major stationary sources that 

commenced construction before the major source baseline date, but 

were not in operation by the applicable minor source baseline date. 

022.02 The following will not be included in the baseline concentration and 

will affect the applicable maximum allowable increase(s): 

022.02A Actual emissions from any major stationary source on 

which construction commenced after the major source baseline date; 

and 

022.02B Actual emissions increases and decreases at any stationary 

source occurring after the minor source baseline date. 

023 "Begin actual construction" means in general, initiation of physical on-site 

construction activities on an emissions unit which are of a 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 of operating this term refers 

to those on-site activities other than preparatory activities which mark the initiation 

of the change. 

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024 "Best Available Control Technology" or "BACT", for purposes of the 

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 major stationary 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 or treatment or innovative fuel 

combination techniques for control of such pollutant. In no event shall application 

of best available control technology result in emissions of any pollutant which 

would exceed the emissions allowed by any applicable standard under 40 CPR parts 

60 and 61. If the Director determines that technological or economic limitations on 

the application of measurement methodology to a patiicular emissions unit would 

make the imposition of an emissions standard infeasible, a design, equipment, work 

practice, operational standard or combination thereof, may be prescribed instead to 

satisfy the requirement for the application of best available control technology. 

Such standard shall, to the degree possible, set fOlih the emissions reduction 

achievable by implementation of such 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 other than the PSD 

program, means an emission limitation or a design, equipment, work practice, 

operational standard or combination thereof, which results in the greatest degree of 

reduction of a pollutant, as determined by the Director to be achievable by a source, 

on a case-by-case basis, taking into account energy, public health, environmental 

and economic impacts and other costs. 

025 "Building, structure, or facility", for purposes other than the Prevention of 

Significant Deterioration program, means all of the pollutant-emitting activities 

which belong to the same industrial grouping, are located on one or more 

contiguous or adjacent properties, and are under the control ofthe same person (or 

persons under common control). Pollutant-emitting activities shall be considered as 

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part of the 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 of the Prevention of 

Significant Deterioration program, means all of the pollutant-emitting activities 

which belong to the same industrial grouping, are located on one or more 

contiguous or adjacent properties, and are under the control of the same person (or 

persons under common control) except the activities of any vessel. Pollutantemitting activities shall be considered as part of the 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. 

027 "Class I operating permit" means any permit or group 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 subject to the Class I permitting 

requirements of Chapter 5. 

029 "Class II operating permit" means any permit or group 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 of Chapter 5. 

031 "Clean lumber" means wood or wood products that have been cut or shaped 

and include wet, air-dried, and kiln-dried wood products. Clean lumber does not 

include wood products that have been painted, pigment-stained, or pressure-treated 

by compounds such as chromate copper arsenate, pentachlorophenol, and creosote. 

032 "C02 equivalent emissions (C02e)" shall represent an amount of greenhouse 

gases (GHGs) emitted, and shall be computed by the sum total of multiplying the 

mass amount of emissions, in tons per year (tpy), for each ofthe six greenhouse 

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gases in the pollutant GHGs, by each of the gas's associated global wanning 

potential (see definition for Global Wanning Potential). 

033 "Commence" as applied to construction, reconstruction, or modification of a 

stationary source means that the owner or operator has all necessary preconstruction 

approvals and either has: 

033.01 Begun, or caused to begin, a continuous program of physical on-site 

construction of the source to be completed within a reasonable time; or 

033.01 Entered into binding agreements or contractual obligations, which 

cannot be cancelled or modified without substantial loss to the owner or 

operator, to undertake a program of construction of the source to be 

completed within a reasonable time. 

034 "Complete" means, in reference to an application for a pennit, that the 

application contains all the infonnation necessary for processing the application. 

Designating an application complete for purposes of pennit processing does not 

preclude the Department from requesting or accepting any additional infonnation!. 

035 "Construction" means any physical change or change in the method of 

operation (including fabrication, erection, installation, demolition, or modification 

of an emissions unit) which would result in a change in actual emissions (a change 

in "emissions" for the Prevention of Significant Deterioration Program)._ 

036 "Consumer Price Index" or "CPI" means the average ofthe Consumer Price 

Index for all urban consumers published by the United States Department of Labor 

at the close ofthe twelve-month period ending on August 31 of each year. 

037"Continuous emissions monitoring system (CEMS)" means all ofthe equipment 

that may be required to meet the data acquisition and availability requirements of 

this section, to sample, condition (if applicable), analyze, and provide a record of 

emissions on a continuous basis. 

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038 "Continuous emissions rate monitoring system (CERMS)" means the total 

equipment required for the determination and recording of the pollutant mass 

emissions rate (in terms of mass per unit of time). 

039 "Continuous parameter monitoring system (CPMS)" means all of the 

equipment necessary to meet the data acquisition and availability requirements of 

the 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, O2 or CO2 

concentrations), and to record average operational parameter value(s) on a 

continuous basis. 

040 "Control" and "controlling" means prohibition of contaminants as related to air, 

land, or water pollution. 

041 "Control strategy" means a plan to attain National Ambient Air Quality 

Standards or to prevent exceeding those standards. 

042 "Council" means the Environmental Quality Council. 

043 "Department" means the Department of Environmental Quality. 

044 "Designated representative" means a responsible natural person authorized by 

the owners and operators of an affected source and of all affected units at the 

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. 

Whenever the term "responsible person" is used in this Title, it shall be deemed to 

refer to the "designated representative" with regard to all matters under the Acid 

Rain Program. 

045 "Deviation" means a departure from an indicator range or work practice for 

monitoring, consistent with any averaging period specified for averaging the results 

of the monitoring. 

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046 "Director" means the Director of the Department of Environmental Quality or 

his or her designee. 

047 "Draft permit" means the version of a permit for which the permitting 

authority offers public participation and, in the case of a Class I draft operating 

permit, affected State review. 

048 "Electric utility steam generating unit" means any steam electric generating 

unit that is constructed for the purpose of supplying more than one-third of its 

potential electric output capacity and more than 25 MW electrical output to any 

utility power distribution system for sale. Any steam supplied to a steam 

distribution system for the purpose of providing steam to a steam-electric generator 

that would produce electrical energy for sale is also considered in determining the 

electrical energy output capacity of the affected facility. 

049 "Elevated terrain" means terrain, which may affect the calculation of good 

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 of emissions. 

051 "Emission limitation" and "Emission standard" mean a requirement established 

pursuant to this Title, the State Act, or the Administrator which limits the quantity, 

rate, or concentration of emissions of air pollutants on a continuous basis, including 

any requirements which limit the level of opacity, prescribe equipment, set fuel 

specifications, or prescribe operation or maintenance procedures for a source to 

assure continuous emission reduction. 

052 "Emissions allowable under the 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 that the source has assumed to avoid an 

applicable requirement to which the source would otherwise be subject. 

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053 "Emissions unit" means any part or activity of a stationary source, which emits 

or would have the potential to emit any regulated air pollutant ("regulated NSR 

pollutant" for purposes of the Prevention of Significant Deterioration program) or 

any pollutant listed in Appendix II. This term includes electric steam generating 

units. This term is not meant to alter or affect the definition of the "unit" for 

purposes of Chapter 26. 

For purposes of the Prevention of Significant Deterioration (PSD) program, there 

are two types of emissions units: 

(a) A new emissions unit is any emissions unit that is (or will be) newly 

constructed and that has existed for less than 2 years from the date such 

emissions unit first operated; and 

(b) An existing emissions unit is any emissions unit that does not meet the 

requirements in (a) above. 

054 "Emissions" means releases or discharges into the outdoor atmosphere of any 

air contaminant or combination thereof. 

055 "Existing source" means equipment, machines, devices, articles, contrivances, 

or installations which are in being on the effective date of these regulations. 

056 "Federal Land Manager" means, with respect to any lands in the United 

States, the Secretary ofthe department with authority over such lands._ 

057 "Federally enforceable" means all limitations, conditions, and requirements 

within any applicable State Implementation Plan, any permit requirements 

established in any pelmit issued pursuant to this Title, and any requirements in 

Chapters 18 and 23,27, or 28 which are enforceable by the Administrator. 

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058 "Final pennit" means the version of a pelmit issued by the Depmiment that has 

completed all review procedures required by Chapter 14, and for a Class I pennit, 

Chapter 13. 

059 "Fixed capital cost" means the capital needed to provide all the depreciable 

components of a source. 

060 "Fuel burning equipment" means any furnace, 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 other than a flue or stack. 

062 "Fugitive emissions" means those emissions which could not reasonably pass 

through a stack, chimney, vent, or other functionally equivalent opening. 

063 "General pennit" means a Class I or Class II operating pennit that meets the 

requirements of Chapter 9. 

064 "Global Wanning Potential" means the ratio ofthe time-integrated radiative 

forcing from the instantaneous release of one kilogram of a trace substance relative 

to that of one kilogram- of a reference gas, i.e., C02. The pollutant greenhouse 

gases (GHGs) is adjusted to calculate CO2 equivalence using "Table A-I - Global 

Wmming Potentials" at 40 CFR 98, Subpart A, as published at 74 Federal Register 

56395 on October 30, 2009 .. 

065 "Greenhouse gases (GHGs)" means the air pollutant defined as the aggregate 

group of six 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 

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066.02 to which no ambient air quality standard is applicable and which in 

the judgment of the Director may cause, or contribute 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 of the stack of a source. 

068 "Incinerator" means any furnace used in the process of burning solid waste, 

except for a furnace owned and operated by law enforcement agencies solely to 

dispose of ammunition, fireworks or similar flammable or explosive materials. 

069 "Indian Governing Body" means the governing body of any tribe, band, or 

group ofIndians subject to the jurisdiction of the United States and recognized by 

the United States as possessing power of self-government. 

070 "Indian Reservation" means any federally recognized reservation established 

by Treaty, Agreement, Executive Order, or Act of Congress:. 

071 "Innovative control technology" means any system of air pollution control that 

has not been adequately demonstrated in practice, but would have a substantial 

likelihood of achieving greater continuous emissions reduction than any control 

system in current practice or of achieving at least comparable reductions at lower 

cost in terms of energy, economics, or non-air quality 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 or Class II operating 

permit. 

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073 "Installation" means an identifiable piece of process equipment.(This 

definition does not apply to the Prevention of Significant 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 of two or more political subdivisions 

located in different states. 

075 "Local agency" means any air pollution control agency in this state, other than 

a state agency, which is charged with responsibility for carrying out part of a 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 pennit level), but has 

actual emissions below the levels requiring a Class II operating pennit. 

077 "Low terrain" means any area other than 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 of any state for such class or category of sources (as 

adopted by the Council) unless the owner or operator 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 of source and adopted by the Council. These 

limitations, when applied to a modification, means the lowest 

achievable emissions rate for the new or modified emissions units within the 

stationary source. In no event shall the application of this tenn pennit a 

proposed new or modified stationary source to emit any pollutant in excess of 

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the amount allowable under an applicable new source standard of 

performance. 

079 "Major emissions unit" means: 

079.01 Any emissions unit that emits or has the potential to emit 100 tons 

per year or more of the PAL pollutant in an attainment area; or 

079.02 Any emissions unit that emits or has the potential to emit the PAL 

pollutant in an amount that is equal to or greater than the major source 

threshold for the PAL pollutant as defined by the Act for nonattainment 

areas. 

080 "Major modification" means any physical change in or change in the method 

of operation of a major stationary source that would result in a significant 

emissions increase of a 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 major stationary source that is significant for volatile 

organic compounds shall be considered significant for ozone. 

080.02 A physical change or change in the method of operation shall not 

include: 

080.02A Routine maintenance, repair and replacement; 

080.02B Use of an alternative fuel or raw material by reason of any 

order under sections 2(a) and (b) of the Energy Supply and 

Environmental Coordination Act of 1974 (or any superseding 

legislation) or by reason of a natural gas curtailment plan pursuant to 

the Federal Power Act; 

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080.02C Use of an altemative fuel by reason of an order or rule under 

section 125 of the Act; 

080.02D Use of an alternative fuel at a steam-generating unit to the 

extent that the fuel is generated from municipal solid waste; 

080.02E Use of an alternative fuel or raw material by a stationary 

source which: 

080.02E1 The source was capable of accommodating before 

December 21, 1976, unless such change would be prohibited 

under any federally enforceable permit condition, which was 

established after December 21, 1976, pursuant to the Prevention 

of Significant 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 of 

Significant Deterioration Program as defined in Chapter 1; 

080.02F An increase in the hours of operation or in the production 

rate, unless such change would be prohibited under any federally 

enforceable permit condition, which was established after December 

21, 1976, pursuant to the Prevention of Significant 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 of a 

temporary clean coal technology demonstration project, provided that 

the project complies with~ 

080.02H1 The State implementation plan for the State in which 

the project is located; and 

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080.02H2 Other requirements necessary to attain and maintain 

the national ambient air quality standards during the project and 

after it is terminated. 

080.021 The installation or operation of a permanent clean coal 

technology demonstration project that constitutes repowering ,_ 

provided that the project does not result in an increase in the potential 

to emit of any regulated pollutant emitted by the unit. This exemption 

shall apply on a pollutant-by-pollutant basis. 

080.02J The reactivation of a very clean coal-fired electric utility team 

generating unit. 

080.03 This definition shall not apply with respect to a particular regulated 

NSR pollutant when the major stationary source is complying with the 

requirements under Chapter 19 for a PAL for that pollutant. Instead, the 

definition of "P AL major modification" shall apply. 

081 "Major source baseline date" means, in the case of particulate matter PMlO_and 

sulfur dioxide, January 6, 1975, aRE!, in the case of nitrogen dioxide, February 8, 

1988, and, in the case ofPM~October 20,2010. 

082 "Major stationary source" or "major source" means any source identified in 

Chapter 2. 

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 emissions that is deemed 

achievable, which is no less stringent than the emission limitation achieved in 

practice by the 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, 

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taking into consideration the cost of achieving such emission reductions, and 

any non-air quality health and environmental impacts and energy 

requirements, determines is achievable by sources in the category or 

subcategory, which is no less stringent than the average emission limitation 

achieved by the best performing 12 percent ofthe existing sources, as 

determined pursuant to section 112(d)(3) of the Act. 

084 "Method 9" refers to a visual determination of the opacity of emissions from a 

stationary source as defined in 40 CFR 60, Appendix A-4. 

085 "Method 22" refers to a visual determination of fugitive 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 

Chapter 2. 

087 "Minor source baseline date" means the earliest date after the trigger date 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 particulate matter PMIO and 

sulfur dioxide, August 7, 1977, anfr; in the case of nitrogen dioxide, February 8, 

1988, and in the case ofPM2.5, October 20,2011. Any minor source baseline date 

established originally for the TSP increments shall remain in effect and shall apply 

for purposes of determining the amount of available PMIO increments, except that 

the Department may rescind any such minor source baseline date where it can be 

shown, to the satisfaction of the Department, that the emissions increase from the 

major stationary source, or the net emissions increase from the major modification, 

responsible for triggering that date did not result in a significant amount ofPMIO 

emissions. 

The baseline date is established for each pollutant for which increments or other 

equivalent measures have been established if the area in which the proposed source 

or modification would construct is designated as attainment or unclassifiable under 

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section 1 07( d) (i)(±» (A)(ii) or fIB (iii)of the Act for the pollutant on the date of its 

complete application under 40 CFR 52.21 or to regulations approved pursuant to 40 

CFR 51.166 or to Chapter 19; and, in the case of a major stationary source, the 

pollutant would be emitted in significant amounts, or in the case of a major 

modification, there would be a significant net emissions increase of the pollutant. 

088 "Mobile source" means a motor vehicle, nonroad engine, or nonroad vehicle. 

A motor vehicle is a self-propelled vehicle designed for transporting 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 motor vehicle or a vehicle used solely for competition, or that is not subject to 

standards promulgated under section 111 or section 202 of the Act.. 

089 "Modification" means any physical change in, or change in method of 

operation 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 of operation shall not be 

considered a change in the method of operation, 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 under federal 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:, 

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092.01 With respect to any regulated NSR pollutan(emitted by a major 

stationary source~ the amount by which the sum of the following exceeds 

zero: 

092.01A The increase in emissions from a particular physical change 

or change in the method of operation at a stationary source as 

calculated_pursuant to the Prevention of Significant Deterioration 

Program as defined in Chapter 1; and 

092.01B 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 except that sections 005.05 and 005.06 shall 

not apply. 

092.01 C An increase or decrease in actual emissions is 

contemporaneous with the increase from the patiicular change only if it 

occurs between the date five years before the source begins actual 

construction of the project and the date that the increase from the 

project occurs. 

092.02 An increase or decrease in actual emissions is creditable only if: 

092.02A It occurs within the contemporaneous period as defined in 

section 092.0IC; and 

092.02B The Director has not relied on it in issuing a permit for the 

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 or decrease in actual emissions of sulfur dioxide, 

particulate matter, or nitrogen oxides that occurs before the applicable minor 

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source 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 only to the extent that 

the new level of actual emissions exceeds the old level. 

092.05 A decrease in actual emissions is creditable only to the extent that: 

092.05A The old level of actual emissions or the old level of 

allowable emissions, whichever is lower, exceeds the new level of 

actual emissions; 

092.05B It is enforceable as a practical matter at and after the 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 pursuant to 40 

CFR Part 51, Subpart I or in demonstrating attainment or reasonable 

further progress; and 

092.05D It has approximately the 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 unit that 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. 

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093 "New source" means any stationary source the construction, modification, or 

reconstruction of which is commenced after the publication of regulations by the 

State of Nebraska or the federal government prescribing a standard of performance 

which will be applicable to such source. 

094 "Non-attainment area" means any area designated by the Department or the 

United States Environmental Protection Agency pursuant to Section 107 (d) of the 

Act as an area exceeding any National Ambient Air Quality Standard. 

095 "Opacity" means a state which renders material partially or wholly impervious 

to rays oflight and causes obstruction of an observer's view. 

096 "Open fires" means the burning of any matter in such a manner that the 

products of combustion resulting from such fires are emitted directly into the 

ambient air without passing through an adequate stack, duct, or chimney. 

097 "Owner or operator" means any person who owns, leases, operates, controls, or 

supervises a stationary source. 

098 "P AL effective date" generally means the date of issuance of the PAL permit. 

However, the PAL effective date for an increased Plantwide Applicability_ 

Limitation (PAL) is the date any emissions unit that is part of the 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 of operation ofthe Plantwide Applicability Limitation (PAL) source 

that causes it to emit the PAL pollutant at a level equal to or greater than the PAL!. 

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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 for which 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 smaller than 100 micrometers. 

104 "Particulate matter emissions" means all finely divided solid or liquid material, 

other than uncombined water, emitted to the ambient air as measured by applicable 

reference methods, or an equivalent or alternative method, specified by the United 

States Environmental Protection Agency, or by a test method specified in an 

approved State Implementation Plan. 

lOS "Performance test" means measurements of emissions or other procedures 

used for the purpose of determining 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 air operating permit program, as set forth in 

Neb. Rev. Stat. §81-1S0S.04. 

107 "Permit revision" means a revision to an operating or construction permit that 

meets the requirements of Chapter IS. 

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 or other governmental subdivision; public agency; other legal entity; 

or any officer or governing or managing body of any public or private corporation, 

municipality, governmental subdivision, public agency, or other legal entity. 

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110 "Plan" means an implementation plan adopted by the State pursuant to Section 

110 of the Act, to attain and maintain a national standard. 

111 "Plantwide applicability limitation (PAL)" means an emission limitation 

expressed in tons per year, for a pollutant at a major stationmy source, that is 

enforceable as a practical matter and established source-wide in accordance with 

Chapter 19, section OIl. 

112 "PMIO" means particulate matter with 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. 

113 "PMIO emissions" means finely divided solid or liquid material, with an 

aerodynamic diameter less than or equal to a nominal 10 micrometers emitted to the 

ambient air as measured by an applicable reference method, or an equivalent or 

alternative method, specified by the 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, or substitution of less polluting raw materials, 

eliminates or reduces the release of air pollutants (including fugitive emissions) and 

other pollutants to the environment prior to recycling, treatment, or disposal; it 

does not mean recycling (other than certain "in-process recycling" practices), 

energy recovery, treatment, or disposal. 

116 "Potential to emit" means the maximum capacity of a stationary source to emit 

a pollutant under its physical and operational design. Any physical or operational 

limitation on the capacity of the source to emit a pollutant, including air pollution 

control equipment and restrictions on hours of operation or on the type or amount 

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

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

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

stationary source. This tenn does not alter or affect the use ofthis tenn for any 

other purposes under the Act, or the tenn "capacity factor" as used in Chapter 26. 

117 "Predictive emissions monitoring system (PEMS)" means all ofthe equipment 

necessary to monitor process and control device operational parameters (for 

example, control device secondary voltages and electric currents) and other 

infonnation (for example, gas flow rate, O2 or CO2 concentrations), and calculate 

and record the mass emissions rate (for example, lb/hr) on a continuous basis. 

118 "Prevention of Significant Deterioration Program (PSD) program" means a 

major source preconstruction pennit program that has been approved by the 

Administrator and incorporated into the plan to implement the requirements of 40 

CFR 51.166 or 40 CFR 52.21. Any pennit issued under such a program is a major 

NSRpennit. 

119 "Primary standard" means a national primary ambient air quality standard 

identified in Chapter 4. 

120 "Process" means any action, operation or treatment, and all methods and fonns 

of manufacturing or processing, that may emit smoke, particulate matter, gaseous 

matter, or other air contaminant. 

121 "Process weight" means the total weight of all materials introduced into any 

source operation. Solid fuels charged will be considered as part of the process 

weight, but liquid and gaseous fuels and combustion air will not. 

122 "Process weight rate" means for continuous or long-run steady-state source 

operations, the total process weight for the entire period of continuous operation or 

for a typical portion thereof. For a cyclical or batch source operation, the total 

process weight for a period that covers a complete operation or an integral number 

of cycles, divided by the number of hours of actual process operation during such a 

period. Where the nature of any process or operation, or the design of any 

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equipment, is such as to permit more than one interpretation of this definition, the 

interpretation that results in the minimum value for allowable emission shall apply. 

123 "Project" means a physical change in, or change in method of operation of, an 

existing major stationary source. 

124 "Projected actual emissions" has the 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 Administrator for review. 

126 "Reasonable further progress" means such annual incremental reductions in 

emissions of the relevant air pollutant as are required by the applicable 

implementation plan or may reasonably be required by the Director for the purpose 

of ensuring attainment of the applicable ambient air quality standard by the 

applicable date. 

127 "Reconstruction" means a situation where the fixed capital cost ofthe new 

components exceeds 50% of the fixed capital cost of a comparable entirely new 

facility or source. However, any final decision as to whether reconstruction has 

occurred shall be made in accordance with the provisions of 40 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 of 40 CFR 60.15(f)( 4) shall be taken into 

account in assessing whether a standard of performance under 40 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 by the State as an air quality control region. 

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129 "Regional administrator" means the Regional designee appointed by the 

Administrator. 

130 "Regulated air pollutant" means the following: 

130.01 Nitrogen oxides or any volatile organic compounds as defined in this 

Chapter; 

130.02 Any pollutant for which a national ambient air quality standard has 

been promulgated; 

130.03 Any pollutant that is subject to any standard in Chapter 18; and 

130.04 Any pollutant subject to a standard or other requirements established 

in Chapters 27 or 28 relating to hazardous air pollutants, including the 

following: 

130.04A Any pollutant subject to requirements under Chapter 27, 005; 

and 

130.04B Any pollutant for which the requirements relating to 

construction, reconstruction, and modification in Chapter 27, 003, 

have been met, but only with 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 100,000 tons 

C02e or more. 

131 "Regulated NSR pollutant" means the following: 

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131.01 Any pollutant for which a national ambient air quality standard has 

been promulgated and any constituents or precursors for such pollutants 

identified by the Administrator~ (e.g., volatile organic compound are 

precursors for ozone); Precursors for the purpose ofNSR are the following: 

131.01A Volatile organic compounds and nitrogen oxides are 

precursors to ozone in all attainment and nonclassifiable areas. 

131.01B Sulfur dioxide and nitrogen oxides are precursors to PM2 .5 in 

all attainment and unclassifiable areas. 

131.02 Any pollutant that is subject to any standard promulgated under 

section 111 of the Act; 

131.03 Any Class lor II substance subject to a standard promulgated under 

or established by title VI of the Act; or 

131.04 Any pollutant that otherwise is subject to regulation under the Act; 

except that any or all hazardous air pollutants either listed in section 112 of 

the 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) of the Act, are not 

regulated NSR pollutants unless the listed hazardous air pollutant is also 

regulated as a constituent or precursor of a general pollutant listed under 

section 108 of the Act~ 

131.05 Greenhouse gases (GHGs) as follows: 

131.05A Beginning January 2, 2011 : 

131.05Al The stationary source is a new major stationary 

source for a regulated NSR pollutant that is not GHGs, and also 

will emit or will have the potential to emit 75,000 tons per year 

C02e or more; or 

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131.05A2 The stationary source is an existing major stationary 

source for a regulated NSR pollutant that is not GHGs, and also 

will have an emissions increase of a regulated NSR pollutant, 

and an emissions increase of75,000 tons per year C02e or more; 

and 

131.05B Beginning July 1, 2011, in addition to the provisions in 

section 13l.05A: 

131. 05B 1 The stationary source is a new stationary source that 

will emit or have the potential to emit 100,000 tons per year 

C02e or 

131.05B2 The stationary source is an existing stationary source 

that emits or has the potential to emit 100,000 tons per year 

C02e or more, when such stationary source undeliakes a 

physical change or change in the method of operation that will 

result in an emissions increase of75,000 tons per year C02e or 

more. 

13l.05C The term emissions increase as used in 13l.05A and 13l.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 

per year C02e, and shall be calculated assuming the pollutant GHGs is 

a regulated NSR pollutant, and "significant" is defined as 75,000 tons 

per year C02e instead of applying the value in Chapter 19, section 

010.1-18. 

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132 "Regulated pollutant for fee purposes" means any regulated air pollutant 

identified in the previous section this chapter, except for the following: 

132.01 Carbon monoxide; 

132.02 Particulate matter, excluding PMIO; 

132.03 Any pollutant that is a regulated air pollutant solely because it is a 

Class I or II substance subject to a standard promulgated under or established 

by Title VI of the Act and regulations adopted by the Council; or 

132.04 Any pollutant that 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 unit that is replaced. 

134.01 The emissions unit is a reconstructed unit within the meaning of 

"reconstruction" as defined in Chapter 1, or the emissions unit completely 

takes the place of an existing emissions unit. 

134.02 The emissions unit is identical to or functionally equivalent to the 

replaced emissions unit. 

134.03 The replacement does not change the basic design parameter(s) ofthe 

process unit-,-

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134.04 The replaced emissions unit is permanently removed from the major 

stationary source, otherwise pennanently disabled, or pennanently balTed 

from operation by a pennit that is enforceable as a practical matter. If the 

replaced unit is brought back into operation, it shall constitute a new 

emissions unit. 

135 "Responsible official" means one ofthe following: 

135.01 For a corporation: a president, secretary, treasurer, or vice-president 

of the corporation in charge of a principal business function, or any other 

person who perfonns similar policy or decision-making functions for the 

corporation, or a duly authorized representative of such person if the 

representative is responsible for the overall operation of one or more 

manufacturing, production, or operating facilities applying for or subject to a 

pennit and either: 

135.01A The facilities employ more than 250 persons or have gross 

annual sales or expenditures exceeding $25 million (in second quarter 

1980 dollars); or 

135.01B The delegation of authority to such representatives is 

approved in advance by the pennitting authority; 

135.02 For a partnership or sole proprietorship: a general partner or the 

proprietor, respectively; 

135.03 For a municipality, State, Federal, or other public agency: Either a 

principal executive officer or ranking elected official. For the purposes of 

this part, a principal executive officer of a Federal agency includes the chief 

executive officer having responsibility for the overall operations of a 

principal geographic unit of the agency (e.g., a Regional Administrator of 

EPA); or 

135.04 For affected sources: 

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135.04A The designated representative in so far as actions, standards, 

requirements, or prohibitions under Chapter 26 are concerned; and 

135.04B The designated representative for any other purposes under 

the Title V program. 

136 "Rule or regulation" means any rule or regulation of the Council. 

137 "Secondary emissions" means emissions which occur as a result of the 

construction or operation of a major stationary 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 impact the 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 of the 

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 emissions from the tailpipe of a motor vehicle, from a train, 

or from a vessel. 

138 "Secondary standard" means a national secondary ambient air quality standard 

identified in Chapter 4. 

139 "Section 502(b)(l0) changes" are changes provided for in section 502 (b)(10) 

of the Act. These are changes allowed within a permitted facility without requiring 

a permit revision if the changes are not modifications under any provision of Title I 

of the Act and the changes do not exceed the emissions allowable under the permit 

.The facility must provide the Department with written notification in advance of 

the proposed changes at least 30 days in advance unless the Director determines a 

different timeframe 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 

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rates ("Significant" for purposes of the Prevention of Significant Deterioration 

Program is defined in Chapter 19): 

Pollutant and Emission Rate 

Carbon monoxide: 100 tons per year (tpy) 

Nitrogen oxides: 40 tpy 

Sulfur dioxide: 40 tpy 

Particulate matter: 25 tpy 

PMlO : 15 tpy 

PM2.s: 10 tpy 

Ozone: 40 tpy of volatile organic compounds or nitrogen oxides 

Lead: 0.6 tpy 

Fluorides: 3 tpy 

Sulfuric acid mist: 7 tpy 

Hydrogen sulfide (H2S): 10 tpy 

Total reduced sulfur (including H2S): 10 tpy 

Reduced sulfur compounds (including H2S): 10 tpy 

Municipal waste combustor organics (measured as total tetra- through 

octa-chlorinated dibenzo-p-dioxins and dibenzofurans): 

3.2xl0-6 megagrams per year (3.5xl0-6 tons per year) 

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Municipal waste combustor metals (measured as particulate matter): 

14 mega grams per year (15 tons per year) 

Municipal waste combustor acid gases (measured as sulfur dioxide and 

hydrogen chloride): 36 megagrams per year (40 tons per year) 

Municipal solid waste landfill emissions (measured as nomnethane 

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

141 "Significant emissions increase" has the definition given to it in Chapter 19, 

section 008. 

142 "Significant emissions unit" means an emissions unit that emits or has the 

potential to emit a PAL pollutant in an amount that is equal to or greater than the 

significant level (as defined in section IJ.140 or in the Act, whichever is lower) for 

that PAL pollutant, but less than the amount that would qualify the unit as a major 

emissions unit as defined in section 0769. 

143 "Small emissions unit" means an emissions unit that emits or has the potential 

to emit the PAL pollutant in an amount less than the significant level for that PAL 

pollutant, as defined in section 1 J.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, or air pollution control facility, and other 

discarded material, including solid, liquid, semisolid, or contained gaseous material 

resulting from industrial, commercial and mining operations, and from community 

activities. 

145 "Source" means any property, real or personal, or person contributing to air 

pollution. 

146 "Speciation" is the process of classifying and separating objects by common 

characteristics including, but not limited to, chemical mass balance, factor analysis, 

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optical microscopy, and automated scanning electron microscopy. It is the process 

used to find the relative proportions or mix of air source categories which best 

accounts for the composition of a pollutant sample. 

147 "Stack" means any point in a source designed to emit solids, liquids, or gases 

into the air, including a pipe or duct but not including flares. 

148 "Stack in existence" means that the owner or operator had (1) begun, or caused 

to begin, a continuous program of physical on-site construction of the stack or (2) 

entered into binding agreements or contractual obligations which could not be 

cancelled or modified without substantial loss to the owner or operator, to 

undertake a program of construction of the 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 of the stack outlet. 

150 "Standard of performance" means a standard for emission of air pollutants 

which reflects the degree of emission limitation achievable through the application 

of the best system of emission reduction which (taking into account the cost of 

achieving such reduction) the Director determines has been adequately 

demonstrated. 

151 "Startup of operation" means the beginning of routine operation of an affected 

facility. 

152 "State" means any non-Federal permitting authority, including any local 

agency, interstate association, or statewide 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 under this Title. 

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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 below the major 

source threshold, but above the minor source threshold~ 

156 "Title V program" or "State program" means a program approved by the 

Administrator for purposes of Title V of the Act. 

157 "Total reduced sulfur" means total sulfur from the following compounds: 

hydrogen sulfide, methyl mercaptan, dimethyl sulfide, and dimethyl disulfide. 

158 "Total Suspended Particulates" means particulate matter as measured by the 

method described in Appendix B of 40 CFR Part 50. 

159 "UTM coordinates" refer to 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 at the International Date Line and proceeds eastward. 

160 "Volatile organic compound (VOC)" means any compound of carbon, 

excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or 

carbonates, and ammonium carbonate, which participates in atmospheric 

photochemical reactions. VOC includes any such organic compound other than the 

following, which have been determined to have negligible photochemical 

reactivity: 

acetone; 

l-chloro-l, I-difluoroethane (HCFC-142b); 

Chlorodifluoromethane (CFC-22); 

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Chapter I 

l-chloro-I-fluoroethane (HCFC-lSla); 

chlorofluoromethane (HCFC-31); 

Chloropentafluoroethane (CFC-IlS); 

2-chloro-I,I,I,2-tetrafluoroethane (HCFC-124); 

1,1, 1 ,2,2,3,4,S,S,S-decafluoro-3-methoxy-4-trifluoromethylpentane (HFE7300) 

1, I, I ,2,3,4,4,S,S,S-decafluoropentane (HFC-43-1 Omee} 

Dichlorodifluoromethane (CFC-12); 

1, I-dichloro-l-fluoroethane (HCFC-141 b); 

1 ,3-dichloro-l, 1 ,2,2,3-pentafluoropropane (HCFC-22Scb) 

3,3-dichloro-l,I,I,2,2-pentafluoropropane (HCFC-22Sca) 

1,2-dichloro-l,I,2,2-tetrafluoroethane (CFC-114); 

1 ,2-dichloro-l, 1 ,2-trifluoroethane (HCFC-123a); 

1, I-difluoroethane (HFC-lS2a); 

difluoromethane (HFC-32); 

2-( difluoromethoxymethyl)-I, 1,1 ,2,3,3,3-heptafluoropropane 

[(CF3hCFCF20CH3]; 

dimethyl carbonate 

Ethane; 

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2-( ethoxydifluoromethyl)-l ,1,1,2,3,3,3 -heptafluoropropane 

[(CF3)2CFCF20C2Hs]; 

1-ethoxy-1,1 ,2,2,3,3,4,4,4-nonafluorobutane (C4F90C2Hs) or HFE-7200; 

3-ethoxy-1,1, 1 ,2,3,4,4,S,S,6,6,6-dodecafluoro-2-(trefluoromethyl) hexane 

(known as HFE-7S00, HFE-s702, T-714S, and L-1S381); 

ethylfluoride (HFC-161); 

1,l,1,2,2,3,3-heptafluoro-3-methoxy-propane (n-C3F70CH3) (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 (C4F90CH3); 

parachlorobenzotrifluoride (PCBTF); 

1,1,1 ,3,3-pentafluorobutane (HFC-36Smfc); 

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Chapter 1 

Pentafluoroethane (HCFC-I25); 

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 ,I,3,3-pentafluoropropane (HFC-245fa); 

propylene carbonate 

t-butyl acetate (known at tertiary butyl acetate or TBAC); 

tetrachloroethylene (perchloroethylene or fPERC); 

I,I,I,2-tetrafluoroethane (HFC-I34a); 

I,I,2,2-tetrafluoroethane (HFC-134); 

1,1, I-trichloroethane (methyl chloroform); 

Trichlorofluoromethane (CFC-II); 

1,1 ,2-trichloro-I ,2,2-trifluoroethane (CFC-I13); 

1,1, I-trifluoro-2,2-dichloroethane (HCFC-I23); 

1,1, I-trifluoroethane (HFC-143a); 

Trifluoromethane (FC-23); HFC-23 

volatile methyl siloxanes (VMS); 

and perfluorocarbon compounds which fall into the following classes: 

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a. Cyclic, branched, or linear, completely fluorinated alkanes; 

b. Cyclic, branched, or linear, completely fluorinated ethers with no 

unsaturations; 

c. Cyclic, branched, or linear, completely fluorinated tertiary amines 

with no unsaturations; and 

d. Sulfur containing perfluorocarbons with no unsaturations and with 

sulfur bonds only to 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 corne 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 Environrnental Quality 

Changes for December 2011 EQC are on 1-7, 1-20-1-22, 1-31- 1-33 and 1-36-1-37. 1-43 

NEBRASKA ADMINISTRATIVE 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 or 42 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 by this Chapter: 

001.01 Any stationary source or emission unit, such that there is a net 

increase in potential emissions at the stationary source equal to or exceeding 

the following levels: 

001.01A Fifteen (15) tons/year ofPMIO emissions. 

001.01B Ten (10) tons/year ofPM2.5 emissions. 

001.01BC FOliy (40) tons/year of sulfur dioxide (S02) or sulfur 

trioxide (S03), or any combination of the two. 

001.01GD Forty (40) tons/year of oxides of nitrogen (calculated as 

N02). 

001.01-9E Forty (40) tons/year of volatile organic compounds (VOC). 

001.01EF Fifty (50) tons/year of carbon monoxide (CO). 

001.01FG Six-tenths (0.6) tons/year oflead. 

001.01 GH Two and one-half (2.5) tons/year of any hazardous air 

pollutant or an aggregate of ten (10) tons/year of any hazardous air 

pollutants, including all associated fugitive emissions (see Chapter 

27, sedion 003). 

001.02 When determining applicability under 001.01 above, sources in the 

following source categories must include fugitive emissions: 

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Title 129 

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17-2 

001.02A Coal cleaning plants (with thennal dryers); 

001.02B Kraft pulp mills; 

001.02C Portland cement plants; 

001.02D Plimary zinc smelters; 

001.02E Iron and steel mills; 

001.02F Plimary aluminum ore reduction plants; 

001.02G Primary copper smelters; 

001.02H Municipal incinerators capable of charging more 

than 250 tons of refuse per day; 

001.021 Hydrofluoric, sulfuric, or nitlic 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 Plimary lead smelters; 

001.02Q Fuel conversion plants; 

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Chapter 17 

001.02R Sintering plants; 

001.02S Secondary metal production plants; 

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 or 312140; 

001.02U Fossil-fuel boilers (or combination 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 category which is being 

regulated by a standard promulgated under Section 111 or 112 of the 

Act as of August 7, 1980. 

001.03 Any incinerator used for refuse disposal or for the processing of 

salvageable materials except refuse incinerators located on residential 

premises containing five or less dwelling units used only for the disposal of 

residential waste generated on the said property. 

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Chapter 17 

002 The standards which would have been imposed under a construction permit 

are applicable to those sources who have failed to obtain a permit to the same 

extent as if a permit had been obtained. 

003 The owner or operator of any source required to obtain a construction permit 

or requesting permit applicability under this Chapter, or submitting a significant 

permit revision, shall submit an application on forms provided by the 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 per year of any regulated listed air pollutant; or 

Less than 2.5 tons per year of any single HAP; or $250 

Less than 10 tons per year of any combination of HAPs 

50 tons or more but less than 100 tons per year of any regulated listed 

air pollutant; or 

2.5 tons or more but less than 10 tons per year of any single HAPs; or $1,500 

10 tons or more but less than 25 tons per year of any combination of 

HAPs 

100 tons or more per year of any regulated listed air pollutant; or 

10 tons or more per year of any single hazardous air pollutant (HAPj; $3,000 

or 

25 tons or more per year of any combination of HAPs 

003.02 Listed air pollutants for application fee purposes include PMlO, S02.. 

or S03 or any combination of the 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 for the source. 

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Title 129 

Chapter 17 

005 If the Department determines that the application is not complete and 

additional information is necessary to evaluate or take final action on the 

application, the Department may request such information in writing and set a 

reasonable deadline for a response. 

006 Any applicant who fails to submit any relevant facts or who has submitted 

incorrect information in a permit application shall, upon becoming aware of such 

failure or incorrect submittal, promptly submit such supplementary facts or 

corrected information. 

007 The Department shall require in the application information as necessary to 

determine if the new or modified source will interfere directly or indirectly with 

the attainment or maintenance of National Primary and Secondary Ambient Air 

Quality Standards, or violate any portion of an existing control strategy. 

008 If an air quality impact analysis is deemed necessary by the Director as a part 

of a construction permit application, concentrations of pollutants that may be 

expected to occur in the vicinity of a source or combination of sources will be 

determined by use of an air pollution dispersion model acceptable to the Director. 

Meteorological and operating conditions that may occur that will produce the 

greatest concentrations of the pollutants emitted shall be used in evaluating the 

effect ofthe source(s) on air quality. 

009 Disapproval of Application for Permits. 

009.01 Ifit is determined by the Director that emissions resulting from the 

operation of a 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 of a National 

Ambient Air Quality Standard, no permit will be granted until necessary 

changes are made in the plans and specifications to obviate the objections to 

Issuance. 

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Chapter 17 

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 of a national ambient air quality standard by 

exceeding, at a minimum, the following significant levels at any locality 

that does not or would not meet the applicable national standard: 

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 mg/m3 --- 2 mg/m3 

010 Issuance of permits. The Director shall publish notice of intent to approve or 

disapprove the application in accordance with the procedures of Chapter 14. 

011 Approval, by issuance of a permit for any construction, reconstruction, or 

modification, does not relieve the owner or operator from the responsibility to 

comply with the applicable portions of the Implementation Plan control strategy. 

The permittee must comply with all conditions of the construction permit. Any 

permit noncompliance shall constitute a violation ofthe State Act and the Act, 

and is grounds for enforcement action or permit revocation. 

012 If construction, reconstruction, or modification of the source is not 

commenced within 18 months, the construction permit shall lapse except upon a 

showing by the permittee that the complexity of the construction, reconstruction, 

or modification requires additional time. 

013 Additional Requirements for Construction or Modification of Sources in 

Nonattainment Areas. 

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Chapter 17 

013.01 No penni t to construct or modify will be issued for a proposed 

major source or a major modification if the source is located or is to be 

located in an area that is nonattainment for a pollutant for which the source 

or modification is major unless it is detennined that: 

013.0lA 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 under the 

Implementation Plan prior to the application for such pennit to 

construct or modify represent a net decrease in emissions and show 

reasonable further progress toward attainment and maintenance of the 

ambient air quality standards, and provided that any emissions 

reductions required as a precondition of the issuance of a pennit shall 

be federally enforceable before such pennit is issued. 

013.0lB The proposed source is required to comply with the lowest 

achievable emission rate; and 

013.01 C The owner or operator of the proposed new or modified 

source has demonstrated that all other major stationary sources owned 

or operated by such person (or by an entity controlling, controlled by, 

or under common control with such person) in the State subject to 

emissions limitations are in compliance, or on a schedule for 

compliance, with all applicable emission limitations and standards. 

013.0lD The proposed source is in compliance with requirements 

established under the Implementation Plan and the State shall not 

issue a pennit if the Administrator has detennined 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. 

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Title 129 

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17-8 

013.0lE The source has completed an analysis of alternative sites, 

sizes, production processes, and environmental control techniques for 

such proposed source which demonstrates that benefits of the 

proposed source significantly outweigh the environmental and social 

costs imposed as a result of its location, construction, or 

modification. 

013.02 The requirements of section 013.0lA 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 of the source from which offset credit is obtained. 

013.03 The following shall apply to emission offsets: 

013.03A If the emissions limit under these regulations allows greater 

emissions than the potential to emit of the source, emissions offset 

credit will be allowed only for control below this potential; 

013.03B For an existing fuel combustion source, credit shall be 

based on the allowable emissions under the applicable State 

Implementation Plan for the type of fuel being burned at the time the 

application to construct is filed. If the existing source commits to 

switch to a cleaner fuel at some future date, emissions offset credit 

based on the allowable (or actual) emissions for the fuels involved is 

not acceptable, unless the permit is conditioned to require the use of a 

specified alternative control measure which would achieve the same 

degree of emissions reduction should the source switch back to a 

dirtier fuel at some later date. The Director will ensure that adequate 

long-term supplies of the new fuel are available before granting 

emissions offset credit for fuel switches. 

013.03C Emissions reductions achieved by shutting down an 

existing source or permanently curtailing production or operating 

hours below baseline levels may be credited, provided that the work 

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Title 129 

Chapter 17 

force to be affected has been notified of the proposed shutdown or 

curtailment. Source shutdowns and curtailments in production or 

operating 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 prior to the date of permit 

application, and the proposed new source is a replacement for the 

shutdown or curtailment, credit for such shutdown or curtailment may 

be applied to offset emissions from the new source; 

013.03D No emissions credit may be allowed for replacing one 

hydrocarbon compound with another oflesser reactivity, except for 

those compounds listed in Table 1 of EP A's "Recommended Policy 

on Control of Volatile 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 of offsetting 

emissions, shall be followed, unless the Director determines that an 

equally stringent or more stringent procedure is appropriate. 

013.03F Credit for an emissions reduction can be claimed to the 

extent that the Director has not relied on it in issuing any permit 

under regulations approved pursuant to 40 CFR Part 51 Subpart I or 

in demonstrating attainment or reasonable further progress. 

013.03G Emission reductions otherwise required by this Title shall 

not be creditable as emissions reductions for purposes of any offset. 

013.04 The provisions of 013 do not apply to a source or modification that 

would be a major stationary source or major modification only if fugitive 

emissions, to the extent quantifiable, are considered in calculating the 

potential to emit of the stationary source or modification and the source 

does not belong to any ofthe following categories: 

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Title 129 

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17-10 

013.04A Coal cleaning plants (with thennal dryers); 

013.04B Kraft pulp mills; 

013.04C Portland cement plants; 

013.04D Primarily zinc smelters; 

013.04E Iron and steel mills; 

013.04F Primary aluminum ore reduction plants; 

013.04G Primary copper smelters; 

013.04H Municipal incinerators capable of charging more 

than 250 tons of refuse per day; 

013.041 Hydrofluoric, sulfuric, or nitric acid plants; 

013.041 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; 

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Chapter 17 

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 or 312140;; 

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 

storage capacity exceeding 300,000 barrels; 

013.04W Taconite ore processing plants; 

013.04 X Glass fiber processing plants; 

013.04Y Charcoal production plants; 

013.04Z Fossil fuel-fired stearn electric plants of more than 

250 million British thermal units per hour heat input; 

013.04AA Any other stationary source category which 

·is being regulated by a standard promulgated_under Section 111 or 

112 ofthe Act as of August 7, 1980. 

013.05 At such time that a particular source or modification becomes a 

major stationary source or major modification solely by virtue of a 

relaxation in any enforcement limitation which was established after August 

7, 1980, on the capacity of the source or modification otherwise to emit a 

pollutant, such as a restriction on hours of operation, then the requirements 

of this section shall apply to the source or modification as though 

construction had not yet commenced on the source or modification. 

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Title 129 

Chapter 17 

014 Any source not required to obtain a construction permit pursuant to 001 may 

request a construction pennit to be issued in the manner prescribed by 002 

through 013 for the following purposes: 

014.01 Establishing enforceable limits to avoid otherwise applicable 

requirements under the provisions of Title 129. 

014.02 Revising existing construction permits to incorporate significant 

permit revisions as defined in Chapter 15. 

014.03 Establishing a PAL pursuant to the provisions of Chapter 19 of 

Title 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 

or other permit required to reduce visibility impainnent in a Class I Federal 

area pursuant to the provisions of Chapter 43. 

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 

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NEBRASKA ADMINISTRATIVE CODE 

Title 129 - Nebraska Air Quality Regulations 

Chapter 19 - Prevention of Significant Deterioration of Air Quality (PSD 

001 The following subsections of 40 CFR 52.21 published on July 1, 20Q409 are 

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

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

Restrictions on area classifications; and (g) Redesignation~-,- and 40 CFR 52.21 (P), 

"Sources impacting Federal Class I area", as published at 75 Federal Register 

64906 is incorporated by reference into Chapter 19 of Title 129. 

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

stationary source or the major modification of any existing major stationary 

source, as defined in Chapter 2, section 008. The provisions 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 

pursuant to provisions in Chapter 17. 

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

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

must obtain a permit, issued by the Department, stating that the source will 

comply with the requirements of this chapter. 

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

owner or operator must determine 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 (P AE) or potential to emit (PTE) for 

each unit, as defined in sections 006 and 007. 

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

significant, as defined in section 008. 

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

increase, as defined in section 00&9, is significant as defined in section goo 

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, at 

which an emissions unit actually emitted the regulated NSR pollutant during any 

consecutive 24-month period selected by the owner or operator that is 

representative of normal source operation, and that meets the following criteria: 

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

five year period immediately preceding when the owner or operator 

begins actual construction of the project, unless the Department 

determines that a different time period within the preceding ten years is 

more representative of normal source operations. 

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

preceding either the date the owner or operator begins actual 

construction of the project, or the date a complete permit application is 

received by the Department for a permit required under this section, 

whichever is earlier. 

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

January 1, 1996. 

005.04 The average rate per unit shall include emissions associated with 

startups, shutdowns, and malfunctions. 

005.05 Fugitive emissions. 

005.05A The average rate per unit shall include fugitive 

emissions, to the extent quantifiable, for sources belonging to one 

of the categories listed in Chapter 2, sections 002.01 through 

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002.27. Fugitive emissions shall be considered quantifiable if 

emission factors are available or if emissions can be calculated 

using mass balance equations or other means deemed acceptable to 

the Department. 

005.05B The average rate per unit shall not include fugitive 

emissions for sources not belonging to one of the categories 

specified in section 005.05A. 

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

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

above any emission limitation that was legally enforceable during the 

consecutive 24-month period. 

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

regulatory changes becoming effective since the beginning of the 

consecutive 24-month period that would have required reduced emissions 

for any of the emissions units being changed if the regulatory changes had 

been in effect during the consecutive 24-month period. 

005.08 When a project involves multiple emissions units, only one 

consecutive 24-month period must be used to determine the BAE for the 

emissions units being changed. A different consecutive 24-month period 

can be used for each regulated NSR pollutant. 

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

24-month period for which there is inadequate information for 

determining annual emissions or for measuring non-compliant emissions, 

in tons per year. 

005.10 BAE shall be calculated using the following methodologies in this 

order of preference where possible: 

005.10A Continuous Emissions Monitors (CEMS) complying with 

requirements in Chapter 34. 

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005.10B Predictive Emissions Monitors (PEMS) complying with 

requirements in Chapter 34. 

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

during the baseline period!. 

005.l0D Emission factors as defined in Chapter 6, sections 003.03 

and 003.04. 

005.l0E Mass Balance 

005.11 Other methodologies or a different order of preference of 

methodologies than those listed in 005.10 may be used to calculate the 

BAE with prior concurrence of the Department!. 

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

the emissions increase that will result from the initial construction and 

operation of such unit shall equal zero; and thereafter, for all other 

purposes, shall equal the unit's PTE. 

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

accordance with the procedures contained in section 005.01 through 

005.12. 

006 Projected actual emissions (P AE) 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 of the five years following 

the date the unit resumes regular operation after the project. If the project 

involves increasing the emissions unit's design capacity or its potential to emit the 

regulated NSR pollutant, and full utilization of the unit would result in a 

significant emissions increase or a significant net emissions increase at the major 

stationary source, the P AE is the maximum annual rate in anyone of the ten years 

following the date the unit resumes regular operation after the project. To 

determine P AE, the owner or operator: 

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006.01 Shall consider all relevant information, including but not limited 

to the source's historical operational data, its own representations, 

expected business activity and highest projections of business activity, 

compliance plans, and filings with state or federal regulatory authorities; 

and 

006.02 Shall include emissions associated with startup, shutdown, and 

malfunctions. 

006.03 Shall consider fugitive emissions as follows:. 

006.03A The average rate per unit shall include fugitive 

emissions, to the extent quantifiable, for sources belonging to one 

of the categories listed in Chapter 2, sections 002.01 through 

002.27. Fugitive emissions shall be considered quantifiable if 

emission factors are available or if emissions can be calculated 

using mass balance equations or other means deemed acceptable to 

the Department. 

006.03B The average rate per unit shall not include fugitive 

emissions for sources not belonging to one of the categories 

specified in section 006.03A. 

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

from the particular project, that portion of the unit's emissions following 

the project that an existing unit could have accommodated during the 

consecutive 24-month period used to establish the BAE and that are also 

unrelated to the particular project, including any increased utilization due 

to product demand growth. The Department shall provide guidance for use 

by the owner or operator to determine the amount of emissions that may 

be attributed to demand growth. 

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

006.02, 006.03, and 006.04, elect to use the emissions unit's potential to 

emit (PTE), in tons per year, as defined in section 007. 

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

source to emit a regulated NSR pollutant under its physical and operational 

design. Any physical or operational limitation on the capacity of the source to 

emit such a pollutant, including air pollution control equipment and restrictions on 

hours of operation or on the type or amount of material combusted, stored, or 

processed, shall be treated as part of its design if the limitation or the effect it 

would have on emissions is federally enforceable. Secondary emissions do not 

count in detennining the potential to emit of a stationary source. 

008 Calculating significant emissions increase of a regulated NSR pollutant. 

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

involve existing emissions units. A significant emissions increase of a 

regulated NSR pollutant is projected to occur if the sum ofthe difference 

between P AE and BAE, for each existing emissions unit, equals or exceeds 

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

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

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

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

sum of the difference between the PTE from each existing emissions unit 

following completion ofthe project and the BAE ofthese units before the 

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

described in section 010. 

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

a new emissions unites). A significant emissions increase of a regulated 

NSR pollutant is projected to occur ifthe sum ofthe difference between the 

PTE from each new emissions unit following completion of the project and 

the BAE ofthese units before the project equals or exceeds the significant 

amount for that pollutant, as described in section 010. 

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008.04 Hybrid test for projects that involve multiple types of emissions 

units. A significant emissions increase of a regulated NSR pollutant is 

projected to occur if the sum 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 for 

that pollutant, as described in section 010. 

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

Limit (PAL) for a regulated NSR pollutant, the major stationary source 

shall comply with the requirements in section 011. 

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

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

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

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

actual emissions at the major stationary source that are contemporaneous (as 

defined in section 009.01) with the project and are otherwise creditable. BAE for 

calculating such increases and decreases shall be as defined in section 005. 

009.01 An increase or decrease in actual emissions is contemporaneous 

with the increase from the project for which an emissions increase has been 

calculated in section 008 only if it occurs between the date five years before 

the source begins actual construction (as defined in Chapter 1, section 023) 

of the project and the date that the increase from the project occurs. 

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

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

the increase from the project occurred. 

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

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

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

010.01 Carbon monoxide: 100 tons per year of carbon monoxide; 

010.02 Nitrogen oxides: 40 tons per year of nitrogen oxides; 

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010.03 Sulfur dioxide: 40 tons per year of sulfur dioxide; 

010.04 Particulate matter (PM): 25 tons per year of particulate matter 

emISSIOns; 

010.05 PMlO~ 15 tons per year ef.I!M.w emissions; 

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

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

emISSIOns. 

010.067 Ozone: For ozone, 40 tons per year of volatile organic compounds 

or nitrogen oxides; 

010.0-18 Lead: 0.6 tons per year oflead; 

010.0&9 Flouride: 3 tons per year of fluorides; 

010.0010 Sulfuric acid mist: 7 tons per year of sulfuric acid mist; 

010.HH Hydrogen sulfide (H2.sL 10 tons per year of hydrogen sulfide 

010.1+2 Total reduced sulfur compounds (including H2s.t 10 tons per year 

of total reduced sulfur compounds (including H;>,St,-

010.1;63 Reduced sulfur compounds (including H2S,11 0 tons per year sf 

reduced sulfur compounds (including H;>,St,-

010.13-4 .fef-rnMunicipal waste combustor organics (measured as total 

tetra- through octa- chlorinated dibenzo-p-dioxins and dibenzofurans): 3.2 x 

10-6 megagrams per year (3.5 x 10-6 tons per year). 

010.145 Municipal waste combuster metals (measured as particulate 

matter): 14 megagrams per year (15 tons per year); 

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010.1.§.6 Fer-mMunicipal waste combuster acid gases (measured as sulfur 

dioxide and hydrogen chloride): 36 megagrams per year (40 tons per year); 

010.1 B7 Fer-mMunicipal solid waste landfills emissions (measured as 

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

year). 

010.1-18 For any regulated NSR pollutant not listed in sections 010.01 

through 010.1 B7: any increase is significant. 

011 Actuals PALs. The term "Plantwide Applicability Limitations" (PAL) refers 

to an "actuals PAL" in the following sections. The Department may approve a 

PAL in accordance with the following requirements: 

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

source. 

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

year that is enforceable as a practical matter, for the entire major stationary 

source. For each month during the PAL effective period after the first 12 

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

the sum of the monthly emissions from each emissions unit under the PAL 

for the previous 12 consecutive months is less than the PAL (a 12-month 

average, rolled monthly). For each month during the first 11 months from 

the PAL effective date, the major stationary source owner or operator shall 

show that the sum ofthe preceding monthly emissions from the PAL 

effective date for each emissions unit under the PAL is less than the PAL. 

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

major stationary source that maintains its total source-wide emissions below 

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

provisions of the construction permit establishing the PAL: 

011.03A Is not considered a major modification for the PAL 

pollutant; and 

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01l.03B Is not subject to the provisions in Chapter 19, sections 

024.02. 

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

source shall continue to comply with all applicable Federal or State 

requirements, emission limitations and work practice requirements that 

were established prior to the effective date of the PAL. 

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

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

Department the following information~ 

01l.05A A list of all emissions units at the source and each unit's 

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

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

requirements, emission limitations, or work practices apply to each 

unit and, if any do so, whether such requirements, emission 

limitations, or work practices were taken to comply with BACT. 

01l.05C Calculations ofthe BAE with supporting documentation. 

011.05D The calculation procedures that the major stationary source 

owner or operator proposes to use to convert the monitoring system 

data to monthly emissions and annual emissions based on a 12-month 

rolling total for each month as required by 011.12. 

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

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

the following information and conditions: 

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

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

emit the PAL pollutant at the major stationary source. 

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

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

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

PAL shall comply with the monitoring, recordkeeping, and reporting 

requirements provided in sections 011.12, 011.13, and 011.14 for 

each emissions unit under the PAL throughout the PAL effective 

period. 

011.06E The PAL pollutant and the applicable source-wide 

emissions limitation in tons per year. 

011.06F The PAL effective date and expiration date. 

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

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

before the end of the PAL effective period, then the PAL shall not 

expire at the end of the PAL effective period. It shall remain in effect 

until a revised permit renewing the PAL is issued or denied by the 

Department. 

011.06H A requirement that emission calculations for compliance 

purposes include emissions from startups, shutdowns and 

malfunctions. 

011.061 A requirement that, once a PAL expires, the major stationary 

source is subject to the requirements under section 011.18. 

011.06J The calculation procedures that the owner or operator 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 requirement that the major stationary source owner or 

operator monitor all emissions units in accordance with the provision 

under section 011.12. 

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011.06L A requirement to retain the records required under section 

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

011.06M A requirement to submit the reports required under section 

011.14 by the required deadlines.!. 

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

emissions reductions of a PAL pollutant that occur during the PAL 

effective period creditable as decreases for purposes of offsets under 

Chapter 17, section 013.03, unless the level of the PAL is reduced by 

the amount of such emissions reductions and such reductions would 

be creditable in the absence of the PAL 

011.060 Any other requirements that the Department deems 

necessary to implement and enforce the PAL. 

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

stationary source shall be established as the sum of the BAE of the PAL 

pollutant for each emissions unit at the source; plus an amount equal to the 

applicable significant level for the PAL pollutant under section 010 or under 

the Act, whichever is lower. Emissions associated with units that were 

permanently shut down after the 24-month period used for the BAE must be 

subtracted from the PAL level. Emissions from units on which actual 

construction began after the 24-month period must be added to the PAL 

level in an amount equal to the PTE of the units. The Department shall 

specify a reduced PAL level in tons per year in the construction permit 

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

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

Department is aware of prior to issuance of the construction permit 

establishing the PAL. 

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

reopen the construction permit to: 

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011.08A COlTect typographical or calculation elTors made in setting 

the PAL or to reflect a more accurate determination of emissions 

used to establish the PAL. 

011.08B Reduce the PAL ifthe owner or operator of the major 

stationary 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 after the PAL effective date. 

011.09B Reduce the PAL consistent with any other requirement, 

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

matter. 

011.09C Reduce the PAL if the Department determines that a 

reduction is necessary to avoid causing or contributing to a NAAQS 

or PSD increment violation, or to an adverse impact on an Air Quality 

Related Values (AQRV) that has been identified for a Federal Class I 

area by a Federal Land Manager and for which information is 

available to the general public. 

011.10 Except for the permit reopening to COlTect typographical elTors or 

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

carried out in accordance with public participation procedures in Chapter 

14. 

011.11 Increasing a PAL emission limitation during the PAL effective 

period. 

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011.11A A PAL emission limitation may be increased during the 

PAL effective period only if the owner or operator of the major 

stationary source complies with the following: 

011.11 A 1 The owner or operator shall submit a complete 

construction permit application to request an increase in the 

PAL limit for a PAL major modification. The application shall 

identify the emissions unites) contributing to the increase in 

emissions so as to cause the major stationary source's emissions 

to equal or exceed its PAL. 

01l.llA2 As part ofthis application, the owner or operator 

shall demonstrate that the sum of the BAE of the small 

emissions units, plus the sum ofthe BAE of the significant and 

major emissions units (assuming application of BACT 

equivalent controls), plus the sum of the allowable emissions of 

the new or modified emissions unites), exceeds the PAL. The 

level of control that would result from BACT equivalent 

controls on each significant or major emissions unit shall be 

determined by conducting a new BACT analysis at the time the 

application is submitted, unless the emissions unit is currently 

required to comply with a BACT requirement that was 

established within the preceding 10 years. In such a case, the 

assumed control level for that emissions unit shall be equal to 

the level of BACT with which that emissions unit must 

currently comply. 

Oll.11A3 The owner or operator must obtain a major PSD 

permit for all emissions unites) identified in section Oll.llAl, 

without regard to whether the increase in emissions for the unit 

will be significant. These emissions unites) shall comply with 

any emissions requirements resulting from the major PSD 

process, even though they have also become subject to the PAL 

or continue to be subject to the PAL. 

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011.11A4 The PAL permit shall require that the increased PAL 

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

of the PAL major modification becomes operational and begins 

to emit the PAL pollutant. 

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

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

the sum of the BAE ofthe significant and major emissions units 

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

the BAE of the small emissions units. 

011.11 C The construction permit reflecting the increased PAL level 

shall be issued pursuant to compliance with requirements for public 

participation in Chapter 14. 

01l.12 Monitoring requirements for PALS. Each operating permit that 

includes a PAL must contain enforceable requirements for the monitoring 

system that accurately detelmines plant-wide emissions of the PAL 

pollutant in terms of mass per unit of time. Any monitoring system 

authorized for a PAL must be based on sound science and meet generally 

acceptable scientific procedures for data quality and manipulation. 

Additionally, the information generated by such system must meet 

minimum legal requirements for admissibility in a judicial proceeding to 

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

system that meets the requirements of section 011.12 renders the PAL 

invalid. The PAL monitoring system must employ one ofthe monitoring 

approaches listed in sections 011.12A through 011.12D or an alternative 

approach approved by the Department 

01l.12A CEMS which meet the following requirements~ 

01l.12Al CEMS must comply with applicable Performance 

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

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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: 

o 11.12B 1 Any PEMS must be approved for use by the 

Department in accordance with Chapter 34, section 009. 

o 11.12B2 Any PEMS approved for use in accordance with 

Chapter 34, section 009 must sample, analyze, and record data 

at least every 15 minutes, or at another less frequent interval 

approved by the Department, while the emissions unit is 

operating. 

011.12C Emissions factors which meet the following requirements~ 

o 11.12C 1 All emissions factors shall be adjusted, if 

appropriate, to account for the degree of uncertainty or 

limitations in the factors' development; 

011.12C2 The emissions unit shall operate within the 

designated range of use for the emissions factor if applicable; 

and 

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

significant emissions unit that relies on an emissions factor to 

calculate PAL pollutant emissions shall conduct validation 

testing to determine a site-specific emissions factor in 

accordance with Chapter 34, section 007, unless the Department 

determines that such testing is not required. 

011.12D Mass balance calculations for activities using coatings or 

solvents which meet the following requirements~ 

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o 11.12D 1 Provide a demonstrated means of validating the 

published content of the PAL pollutant that is contained in or 

created by all materials used in or at the emissions unit; 

01l.12D2 Assume that the emissions unit emits all of the PAL 

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

fuel used in or at the emissions unit, if it cannot otherwise be 

accounted for in the process; and 

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

in or at the emissions unit, publishes a range of pollutant 

content from such material, the owner or operator must use the 

highest value of the range to calculate the PAL pollutant 

emissions unless the Department determines there is sitespecific data or a site-specific monitoring program to support 

another content within the range. 

o 11.12E An owner or operator must record and report maximum 

potential emissions without considering enforceable emission 

limitations or operational restrictions for an emissions unit during any 

period of time that there is no monitoring data, unless another method 

for determining emissions during such periods is specified in the 

permit.!. 

01l.12F Notwithstanding the requirements in sections 01l.12A 

through 0 11.12D, where an owner or operator of an emissions unit 

cannot demonstrate a correlation between the monitored parameter(s) 

and the PAL pollutant emissions rate at all operating points of the 

emissions unit, the Department shall, at the time of permit issuance~ 

o 1l.12F 1 Establish default value( s) for determining 

compliance with the PAL based on the highest potential 

emissions reasonably estimated at such operating point(s); or 

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011.12F2 Determine that operation of the emissions unit during 

operating conditions when there is no correlation between 

monitored parameter(s) and the PAL pollutant emissions is a 

violation of the PAL. 

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

must be re-validated through performance testing or other 

scientifically valid means approved by the Department. Such testing 

must occur at least once every five years after issuance of the PAL. 

011.13 Recordkeeping requirements. The construction permit which 

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

records necessary to determine compliance with any requirement of section 

011 and of the PAL, including a determination of each emissions unit's 12-

month rolling total emissions, for five years from the date of such record. 

Such permit shall also require the owner or operator to retain a copy ofthe 

following records, for the duration of the PAL effective period plus five 

years: 

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

applications for revisions to the PAL; and 

011.13B Each annual certification of compliance pursuant to Chapter 

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

011.14 Reporting and notification requirements. The owner or operator 

shall submit the following reports to the Department in accordance with 

Chapter 8, sections 004.03 and 004.04: 

011.14A Semiannual report. The semiannual report shall be 

submitted to the Department within 30 days of the end of each 

reporting period. This report shall contain the following information~ 

011.14A1 The identification of the owner or operator and the 

permit number. 

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011.l4A2 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. 

o 11.14A3 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. 

o 11.14A4 A list of any emissions units modified or added to 

the major stationary source during the preceding 6-month 

period. 

011.14AS The number, duration, and cause of any deviations 

or monitoring malfunctions (other than the time associated with 

zero and span calibration checks), and any conective action 

taken. 

o 11.14A6 A notification of a shutdown of any monitoring 

system, whether the shutdown was permanent or temporary, the 

reason for the shutdown, the anticipated date that the 

monitoring system will be fully operational or replaced with 

another monitoring system, and whether the emissions unit 

monitored by the monitoring system continued to operate, and 

the calculation of the emissions of the pollutant or the number 

determined by method included in the permit, as provided by 

section 011.12E. 

011.14A7 A signed statement by the responsible official 

certifying the truth, accuracy, and completeness of the 

information provided in the report-,-

011.14B Deviation report. The owner or operator shall promptly 

submit reports of any deviations or exceedance of the PAL 

requirements, including periods where no monitoring is available. A 

report submitted pursuant to Chapter 8, section 004.03B including 

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time limits, shall satisfy this reporting requirement. The reports shall 

contain the following infonnation: 

o 11.14B 1 The identification of the owner or operator and the 

pennit number; 

011.14B2 The PAL requirement that experienced the deviation 

or that was exceeded~ 

011.14 B3 Emissions resulting from the deviation or the 

exceedance; and 

011.14 B4 A signed statement by the responsible official 

certifying the truth, accuracy, and completeness of the 

infonnation provided in the report. 

o 11.l4C _Re-validation results. The owner or operator shall submit to 

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

45 days after completion of such test or method. 

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

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

months prior to the end of the PAL effective period. If the owner or 

operator submits a complete application for renewal within this time period, 

the PAL shall continue to be effective until the revised pennit with the 

renewed PAL is issued or denied. A complete application shall consist of 

the following: 

011.15A All ofthe infonnation required for an initial application as 

listed in section 011.05. 

011.15B A proposed PAL level. 

o 11.15C The sum of the PTE of all emissions units under the PAL, 

with supporting documentation. 

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o 11.15D Any other information the owner or operator wants the 

Department to consider in determining the appropriate level for 

renewing the PAL. 

011.16 The Department shall follow the procedures specified in Chapter 14 

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

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

proposed PAL level to the public for review and comment. During such 

public review, any person may propose a PAL level for the source for 

consideration by the Department. 

011.17 Adjusting the PAL at the time of renewal 

011.17 A If the emissions level calculated in accordance with section 

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

the currently permitted PAL level, the Department may renew the 

PAL at the currently permitted level without considering the factors 

set forth in section 011.1 7B. 

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

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

that it determines to be appropriate considering air quality needs, 

advances in control technology, anticipated economic growth in the 

area, desire to reward or encourage the source's voluntary emissions 

reductions, or other factors as specifically identified by the 

Department in its written rationale. 

011.17C Notwithstanding the discretion allowed in sections 011.17 A 

and 011.17B, 

o l1.17C 1 If the PTE of the source is less than the PAL, the 

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

PTE of the source. 

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011.17C2 The Department shall not approve a renewed PAL 

level higher than the current PAL, unless the source has 

complied with the provisions of section 011.11. 

011.17D Ifthe compliance date for a State or Federal requirement 

that applied to the PAL source occurs during the PAL effective 

period, and if the Department has not already adjusted for such 

requirement, the PAL shall be adjusted at the time of PAL renewal or 

operating pennit renewal which ever occurs first. 

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

with the procedures in section 011.15 shall expire at the end of the PAL 

effective period and the requirements in section 011.18 shall apply. If an 

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

application is denied and the requirements in section 011.18 shall apply: 

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

existed under the PAL shall comply with an allowable emissions 

limitation under a new construction pennit established as a major 

modification, as specified below: 

011.18A1 Within the time frame specified for PAL renewals in 

section 011.15, the source shall submit a proposed allowable 

emissions limitation for each emissions unit (or each group of 

emissions units, if such a distribution is more appropriate as 

decided by the Department) by distributing the PAL allowable 

emissions for the source among each of the emissions units that 

existed under the PAL. If the PAL had not yet been adjusted for 

an applicable requirement that became effective during the PAL 

effective period, as required under section 0 11.17D, such 

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

o 11.18A2 The Department shall decide whether and how the 

PAL allowable emissions will be distributed and issue a 

construction pennit incorporating allowable limits for each 

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emissions unit, or each group of emissions units, as the 

Department determines is appropriate. 

011.18B Each emissions unites) shall comply with the allowable 

emissions limitation on a 12-month rolling basis. The Department 

may approve the use of monitoring systems (source testing, emission 

factors, etc.) other than CEMS or PEMS to demonstrate compliance 

with the allowable emissions limitation. 

011.18C Until the Department issues the new construction permit 

incorporating allowable limits for each emissions unit, or each group 

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

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

equivalent to the level of the PAL emissions limitation. 

o 11.18D Any physical change or change in the method of operation 

at the major stationary source will be subject to major PSD 

requirements if such change meets the definition of major 

modification in Chapter 1, section 076. 

011.18E The major stationary source owner or operator shall 

continue to comply with any State or Federal applicable requirements 

that may have applied either during the PAL effective period or prior 

to the PAL effective period except for those emissions limitations that 

had been established pursuant to section 024.02, but were eliminated 

by the PAL in accordance with section 011.11. 

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

below, the applicable maximum allowable increase may be exceeded during one 

such period per year at anyone location. In any area of the state, increases in 

pollutant concentration over the baseline concentration shall be limited to the 

following: 

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

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

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012.0+3 PMIO, annual arithmetic mean: 17 micrograms per cubic meter 

012.0~4 PMIO, 24 hour maximum: 30 micrograms per cubic meter 

012.m-s Sulfur dioxide, annual arithmetic mean: 20 micrograms per cubic 

meter 

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

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

012.018 Nitrogen dioxide, annual arithmetic mean: 25 micrograms per 

cubic meter 

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

013.01 The concentration permitted under the national secondary ambient 

air quality standard, or 

013.02 The concentration permitted under the national primary ambient air 

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

period of exposure. 

014 Exclusions from increment consumption. The concentrations listed in 

sections 014.01 through 014.04 shall be excluded in determining compliance with 

a maximum allowable increase. No exclusions of concentrations referred to in 

sections 014.01 and 014.02 shall apply more than five years after the effective 

date 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 both by reason of an order in effect under section 2 

(a) and (b) of the Energy Supply and Environmental Coordination Act of 

1974 (or any superseding legislation) over the emissions from such sources 

before the effective date of such an order. 

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014.02 Concentrations attributable to the increase in emissions from 

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

gas curtailment plan in effect pursuant to the Federal Power Act over the 

emissions from such sources before the effective date of such plan; 

014.03 Concentrations of particulate matter attributable to the increase in 

emissions from construction or other temporary emission-related activities 

of new or modified sources; and 

014.04 The increase in concentrations attributable to new sources outside 

the United States over the concentrations attributable to existing sources 

which are included in the baseline concentration. 

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

shall be in accordance with Chapter 16. 

016 Exemptions for particular major stationary source or major modification. 

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

stationary source or major modification if: 

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

nonprofit educational institution, or a major modification would occur at 

such an institution and the Governor of the State of Nebraska requests that it 

be exempt from those requirements; 

016.02 The source or major modification would be a major stationary 

source or major modification only if fugitive emissions, to the extent 

quantifiable, are considered in calculating the PTE of the stationary source 

or modification and the source does not belong to any of the categories 

listed in Chapter 2, sections 002.01 through 002.27. 

016.03 The source or major modification is a portable stationary source 

which has previously received a permit under requirements equivalent to 

those in sections 017 through 024, if 

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016.03A The owner or operator proposes to temporarily relocate the 

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

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

emissions; and 

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

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

and 

016.03D Notice of relocation is given to the Department in 

accordance with Chapter 10. 

016.04 Requirements equivalent to those in sections 017 through 024 do 

not apply to a major stationary source or major modification with respect to 

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

pollutant, the source or major modification is located in an area designated 

as nonattainment under section 107 of the Act. 

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

and 022 do not apply to a proposed major stationary source or major 

modification with respect to a particular pollutant, if the allowable 

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

of that pollutant from a major modification, would be temporary and impact 

no Class I area and no area where an applicable increment is known to be 

violated~ 

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

and 022 as they relate to any maximum allowable increase for a Class II 

area do not apply to a modification of a major stationary source that was in 

existence on March 1, 1978, if the net increase in allowable emissions of 

each regulated NSR pollutant from the modification after the application of 

BACT would be less than 50 tons per year. 

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016.07 The Department may exempt a proposed major stationary source or 

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

monitoring for a particular pollutant, if: 

016.07A The emissions increase ofthe pollutant from a new 

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

major modification would cause, in any area, air quality impacts less 

than the following amounts: 

016.07A1 Carbon monoxide - 575 micrograms per cubic meter, 

8-hour average; 

016.07A2 Nitrogen dioxide -14 micrograms per cubic meter, 

annual average; 

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

average; 

016.07AM Particulate matter PMlQ - 10 micrograms per cubic 

meteref-FM-l{), 24-hour average; 

016.07 A45 Sulfur dioxide - 13 micrograms per cubic meter, 24-

hour average; 

016.07A~6 Ozone - no de minimis air quality level is provided 

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

ofVOCs subject to PSD would be required to perform an ambient 

impact analysis, including the gathering of ambient air quality 

data. 

016.07A67 Lead - 0.1 micrograms per cubic meter, 3-month 

average; 

016.07A'78 Fluorides - 0.25 micrograms per cubic meter, 24-hour 

average; 

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016.07A89 Total reduced sulfur-l0 micrograms per cubic 

meter, I-hour average; 

016.07A9-10 Hydrogen sulfide - 0.2 micrograms per cubic meter, 

I-hour average; 

016.07AWI Reduced sulfur compounds - 10 micrograms per 

cubic meter, I-hour average; or 

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

source or major modification would affect are less than the 

concentrations listed in section 016.07 A; or 

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

016.08 Pennitting requirements equivalent to those contained in section 

018.01B do not apply to a stationary source or modification with respect to 

any maximum allowable increase for nitrogen oxides if the owner or 

operator of the source or modification submitted an application for a pennit 

under the applicable pennit program approved or promulgated under the 

Act before the provisions embodying the maximum allowable increase took 

effect as part of the plan and the Department subsequently detennined that 

the application as submitted before that date was complete. 

016.09 Pennitting 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 PMlO if the owner or operator of the 

source or modification submitted an application for a pennit under the 

applicable pennit program approved under the Act before the provisions 

embodying the maximum allowable increases for PMlO took effect as part 

of the plan, and the Department subsequently detennined that the 

application as submitted before that date was complete. Instead, the 

applicable requirements equivalent to paragraph section 018.0~IB shall 

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

on the date the application was submitted. 

017 Control technology review. 

017.01 A major stationary source or major modification shall meet each 

applicable emissions limitation under the SIP and each applicable emission 

standard and standard of performance under Chapters 18 and 23. 

017.02 A new major stationary source shall apply best available control 

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

potential to emit in significant amounts. 

017.03 A major modification shall apply BACT for each regulated NSR 

pollutant for which it would be a significant net emissions increase at the 

source. This requirement applies to each proposed emissions unit at which a 

net emissions increase in the pollutant would occur as a result of a physical 

change or change in the method of operation in the unit. 

017.04 For phased construction projects, the determination of BACT shall 

be reviewed and modified as appropriate at the earliest reasonable time 

which occurs no later than 18 months prior to commencement of 

construction of each independent phase ofthe project. At such time, the 

owner or operator of the applicable stationary source may be required to 

demonstrate the adequacy of any previous determination of BACT for the 

source. 

018 Source impact analysis. 

018.01 Required Demonstration. The owner or operator of the proposed 

source or modification shall demonstrate that allowable emission increases 

from the proposed source or modification, in conjunction with all other 

applicable emissions increases or reductions, (including secondary 

emissions) would not cause or contribute to air pollution in violation of 

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

control region; or 

018.01B Any applicable maximum allowable increase over the baseline 

concentration in any area. 

018.02 Significant impact levels. For purposes ofPMu)he demonstration 

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

emissions increases of the new stationary source alone or from the 

modification alone would cause, in all areas, air quality impacts less than the 

following amounts: 

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

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

019 Air quality models. 

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

shall be based on the applicable models, data bases, and other requirements 

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

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

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

modified or another model substituted. Such a modification or substitution 

of a model may be made on a case-by-case basis or, where appropriate, on a 

generic basis adopted by the Department. Written approval of the 

Administrator must be obtained for any modification or substitution. In 

addition, use of a modified or substituted model must be subject to notice 

and opportunity for public comment under procedures set forth in Chapter 

14. 

020 Air quality analysis. 

020.01 Pre-application analysis. 

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020.0lA Any application for a major PSD pennit shall contain an 

analysis of ambient air quality in the area that the major stationary 

source or major modification would affect for each of the following 

pollutants: 

020.0lAl For the source, each pollutant that it would have the 

potential to emit in a significant amount; 

020.0lA2 For the major modification, each pollutant for which 

it would result in a significant net emissions increase. 

020.0lB With respect to any pollutant for which no NAAQS exists, 

the analysis shall contain such air quality monitoring data as the 

Department detennines is necessary to assess ambient air quality for 

that pollutant in any area that the emissions of that pollutant would 

affect. 

020.0lC With respect to any pollutant (other than nonmethane 

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

contain continuous air quality monitoring data gathered for purposes 

of detennining whether emissions of that pollutant would cause or 

contribute to a violation of the standard or any maximum allowable 

Increase. 

020.0lD The continuous air monitoring data that is required shall 

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

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

Department detennines that a complete and adequate analysis can be 

accomplished with monitoring data gathered over a period shorter 

than one year (but not less than four months), the data that is required 

shall have been gathered over at least that shorter period. 

020.0lE The owner or operator of a proposed major stationary source 

or major modification of volatile organic compounds (VOCs) who 

satisfies all conditions of Chapter 17, section 013, may provide postChanges for December 2011 EQC are on pages 19-1,2; 19-7-9; 19-23; 19-27-30 and 19-33. 19-31 
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Chapter 19 

approval monitoring data for ozone in lieu of providing 

preconstruction data as required under section 020.01. 

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

stationary source or major modification shall, after construction ofthe 

stationary source or major modification, conduct such ambient monitoring 

as the Department determines is necessary to determine the effect emissions 

from the stationary source or major modification may have, or are having, 

on air quality in any area. 

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

stationary source or major modification shall meet the requirements of 40 

CFR 58, Appendix B during the operation of monitoring stations for 

purposes of satisfying the requirements of section 020. 

021 Source information. 

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

shall submit all information necessary to perform any analysis or make any 

determination required under procedures established in accordance with 

Chapter 19. Such information shall include 

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

typical operating schedule ofthe source or major modification, 

including specifications and drawings showing its design and plant 

layout; 

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

modification; 

021.01 C A detailed description as to what system of continuous 

emission reduction is planned by the source or major modification, 

emissions estimates, and any other information as necessary to 

determine that BACT as applicable would be applied. 

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

provide information on 

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

including meteorological and topographical data necessary to estimate 

such impact; and 

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

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

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

modification would affect. 

022 Additional impact analyses. 

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

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

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

growth associated with the source or major modification. The owner or 

operator need not provide an analysis of the impact on vegetation having no 

significant commercial or recreational value. 

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

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

industrial, and other growth associated with the source or major 

modification. 

023 Notification to permit applicants and public 

023.01 The Department shall determine if a permit application is complete 

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

the Department determines that the application is Ret incomplete and 

additional information is necessary to evaluate or take final action on the 

application, the Department may request such information in writing and set 

a reasonable deadline for a response. The Department may determine that 

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Title 129 . 

Chapter 19 

an application is complete, but later detennine that additional information is 

needed to evaluate or take final action on the application. 

023.02 If the Department does not detennine 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 Department from requesting additional infonnation that is 

necessary to evaluate or take final action on the application or release the 

applicant from providing such infonnation. 

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

Department shall make a preliminary detennination whether construction 

should be approved, approved with conditions, or disapproved. 

023.04 The Department shall provide opportunity to the public to submit 

comments or request a public hearing on every PSD pelmit application 

approved or approved with conditions, in accordance with section 010 of 

Chapter 14. 

024 Source obligation. 

024.01 Approval to construct and issuance of a major PSD construction 

pennit shall not relieve any owner or operator of the responsibility to 

comply fully with applicable provisions of the SIP and any other 

requirements under local, state or Federal law. 

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

stationary source or major modification solely by virtue of a relaxation in 

any enforceable limitation which was established after August 7, 1980, on 

the capacity of the source or modification otherwise to emit a pollutant, 

such as a restriction on hours of operation, then the requirements of sections 

016 through 024 shall apply to the source or modification as though 

construction had not yet commenced on the source or modification. 

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024.03 The following provisions apply to projects at existing emissions 

units at a major stationary source where the project is not a part of a major 

modification and where the owner or operator elects to use the method 

specified in sections 006.01 through 006.04 for calculating projected actual 

emISSIOns. 

024.03A Before beginning actual construction ofthe project, the 

owner or operator shall document and maintain a record of the 

following information: 

024.03A1 A description of the project; 

024.03A2 Identification of the emissions unites) whose 

emissions of a regulated NSR pollutant could be affected by the 

project; and 

024.03A3 The applicability test used to detennine that the 

project is not a major modification for any regulated NSR 

pollutant, including the BAE, the P AE, and any netting 

calculations if applicable. The owner or 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 owner or operator 

shall meet face-to-face with a Department representative to discuss 

the P AE determination, and shall provide a copy of the information 

set out in section 024.03A to the Department. The owner or operator 

of such a unit is not required to obtain any determination from the 

Department before beginning actual construction. 

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

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

and that is emitted by any emissions unit identified in section 

024.03A2 and calculate and maintain a record of the annual 

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Chapter 19 

emissions, in tons per year on a calendar year basis, for a period of 

five years following resumption of regular operations after the 

change, or for a period of 10 years following resumption of regular 

operations after the change if the project increases the design capacity 

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

unit. 

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

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

within 60 days after the end of each calendar year during which 

records must be generated under section 024.03C, setting out the 

unit's annual emissions during the calendar year that preceded 

submission of the report. 

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

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

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

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

and maintained pursuant to section 024.03A3) by 80 percent ofthe 

significant amount for that regulated NSR pollutant, as listed in 

section 010. Such report shall be submitted to the Department within 

60 days after the end of such calendar year. The report shall contain 

the following: 

024.03E1 The name, address and telephone number of the 

major stationary source; 

024.03E2 The annual emissions as calculated pursuant to 

section 024.03E. 

024.03E3 An explanation as to whether the emissions differ 

from the preconstruction projections, and, if so, why. 

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

annual net emissions of a regulated NSR pollutant exceeding the 

significant level listed in section 010 notwithstanding P AE below the 

significant level. 

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

documented and maintained pursuant to section 024.03 available for review 

upon request for inspection by the Department or the general public 

pursuant to the requirements contained in Chapter 14. 

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

person or circumstance, is held invalid, the remainder of this section, or the 

application of such provision to persons or circumstances other than those as to 

which it is held invalid, shall not be affected thereby. 

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

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

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NEBRASKA ADMINISTRATIVE CODE 

Title 129 - Department of Environmental Quality 

Chapter 27 - HAZARDOUS AIR POLLUTANTS, MAXIMUM ACHIEVABLE 

CONTROL TECHNOLOGY (MACT) 

001 Notwithstanding any other provisions ofthese regulations, Sections 63.70 

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

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

reductions, are hereby adopted and incorporated by reference. 

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

pollutants. A permit as required under section 001.01 GH of Chapter 17 will be 

issued for construction, reconstruction, or modification of a source with the 

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

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

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

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

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

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

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

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

003 Requirements for new or reconstructed major sources of hazardous air 

pollutants. A permit as required under section 001.01 GH of Chapter 17 for 

construction or reconstruction of a source with the potential to emit an amount 

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

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

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

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

requirements of these regulations. 

003.01 For purposes 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 

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

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Title 129 

Chapter 27 

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

Chapter 17 and 002 above apply. 

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

112(i) of the Act. 

005 Notwithstanding any other provisions ofthese regulations, Sections 63.50 

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

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

maximum achievable control technology determinations for emission units subject 

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

adopted and incorporated by reference. 

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

1I2(r) ofthe Act. 

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

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

Quality 

27-2 Changes for December 2011 EQC are on page 27-1.