NEBRASKA ADMINISTRATIVE CODE Title 129

- Department ofEnvironmental 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 clearlyrequired by context, the following words and phrases, as used in this Title, shall have the following meanings: 001 "Act" means the Clean AirAct, as amended (42 U.S.C. 7401 et seq.). 002 "Actual emissions" for purposes otherthan the Prevention ofSignificant Deteriorationprogram, means the actual rate ofemissions ofa pollutant from an emissions unit as determined below: 002.01 In general, actual emissions as ofa particular date shall equal the average rate, in tons peryear, at which the unit actually emitted the pollutant during the preceding year and which is representative ofnormal source operation. The Director shall allow the use ofa different timeperiod upon a determination that it is more representative ofnormal source operation. Actual emissions shall be calculated using the unit's actual operatinghours, production rates, existing control equipment, and types ofmaterials processed, stored, or combusted during the selected time period. 002.02 The Directormaypresume that the source-specific allowable emissions for the unit are equivalent to the actual emissions oftheunit. 002.03 For any emissions unit whichhas notbegun normal operations onthe particular date, actual emissions shall equal the potential to emit oftheunit onthat date. 003 "Actual emissions", for purposes ofthe Prevention ofSignificant Deterioration program, means the actual rate ofemissions ofa regulated NSRpollutant from an emissions unit as determined in accordance with sections 003.01 through 003.03 except that this definition shall not apply for calculatingwhether a significant Changes for December 2011 EQC are on 1-7, 1-20-1-22, 1-31-1-33 and 1-36-1-37. 1-1 

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# ('1**~** :z w 0..Title 129 Chapter 1 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 ofa particular date shall equal the average rate, in tons peryear, at which the unit actually emitted the pollutant during a consecutive 24-month period whichprecedes the particular date and which is representative ofnormal source operation. The Director shall allow the use ofa different time period upon a determination that it is more representative ofnormal source operation. Actual emissions shall be calculated using the unit's actual operatinghours, production rates, existing control equipment, and types ofmaterials processed, stored, or combusted during the selected time period. 003.02 TheDirectormaypresume that the source-specific allowable emissions for the unit are equivalent to the actual emissions ofthe 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 ofthe unit on that date. 004 "Actuals PAL" for a major stationary source means a PlantwideApplicability Limitation (PAL) based onthe baseline actual emissions ofall emissions units at the source, that emit orhave the potential to emit the PALpollutant. 005 "Administrator" means the Administrator ofthe United States Environmental Protection Agency orhis orher designee. 006 "Affected facility" means, withreference to a stationary source, any apparatus to which a standard ofperformance is specifically applicable. 007 "Affected source" means a source that includes one ormore affected units. 008 "Affected States" means all States that:

1-2 Changes for December2011 EQC are on 1-7, 1-20-1-22, 1-31-1-33 and 1-36-1-37.Title 129 Chapter 1 008.01 Are one ofthe following contiguous States: Colorado, Iowa, Kansas, Missouri, South Dakota, and Wyoming, and in thejudgment ofthe Director maybe affected byemissions from a facility seeking a Class Ipermit, modification, orrenewal; or 008.02 Are a contiguous State within 50 miles ofthe permitted source. 009 "Affected unit" means a unit that is subject to emission reduction requirements orlimitations under Chapter 26. 010 "Air contaminant" or "Air contamination" means the presence in the outdoor atmosphere ofany dust, fumes, mist, smoke, vapor, gas, or other gaseous fluid, or particulate substance differing in composition from or exceeding in concentration the natural components ofthe atmosphere. 011 "Air curtain incinerator" means an incinerator that operates byforcefully projecting a curtain ofair across an open chamber orpit in which combustion occurs. Incinerators ofthis type can be constructed above orbelow ground and with orwithout refractory walls and floor!. 012 "Airpollutant" or "airpollution" means thepresence in the outdoor atmosphere ofone ormore air contaminants or combinations thereofin such quantities and of such duration as are ormaytend to be injurious to human, plant or animal life, property, orthe conduct ofbusiness. 013 "Airpollution control agency" means any ofthe following: 013.01 TheDepartment designated by statute as the official state air pollution control agency for purposes ofNeb. Rev. Stat. Sections 81-1501 to 81-1532; 013.02 An agency establishedbytwo ormore states and having substantial powers or duties pertaining to the prevention and control ofair pollution;

Changes for December 2011 EQC are on 1-7, 1-20-1-22, 1-31- 1-33 and 1-36-1-37. 1-3Title 129 Chapter 1 013.03 A city, county, or other local government health authority; orin the case ofany 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 ofair pollution, such other agency; or 013.04 An agency oftwo ormore municipalities located in the same state or in different states and having substantial powers or duties pertaining to the prevention and control ofairpollution. 014 "Air Quality Control Region" means a region designated bythe Governor, with the approval ofthe Administrator, for thepurpose ofassuring that national primary and secondary ambient air quality standards will be achieved and maintained. Within one year after the promulgation ofa new orrevised National Ambient Air Quality Standard, the Governor must designate each region as nonattainment, attainment, orunclassifiable. 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 ofthe source (unless the source is subject to federally enforceable limits which restrict the operating rate, or hours ofoperation, orboth) and the most stringent ofthe following: 015.01 A The applicable standards set forth in 40 CFR Parts 60 (Standards ofPerforrnance for New Stationary Sources) orParts 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

1-4 Changes for December 2011 EQC are on 1-7, 1-20-1-22, 1-31-1-33 and 1-36-1-37.Title 129 Chapter 1 015.OlC The emissions rate specified as a federally enforceable permit condition, including those with a future compliance date. 015.02 For a Plantwide ApplicabilityLimitation (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 ofthe atmosphere, external to buildings, to which the general public has access. 017 "AP-42" refers to the 

### Compilation of AirPollutantEmission Factors, published bythe EPA Office ofAir QualityPlanning and Standards. It contains emission factors and process information for more than 200 air pollution source categories. 018 "Applicablerequirement" means all ofthe following as they applyto emissions units in a source required to obtain an operatingpermit, including requirements that havebeenpromulgated and approved bythe Council through rule-making at the time ofissuancebuthave future-effective compliance dates: 018.01 Any standard or other requirementprovided for in the applicable implementationplan that implements the relevantrequirements ofthe Act, including any revisions to that planpromulgated in 40 CFRpart 52; 018.02 Anyterm or condition ofany construction permits;

Changes for December 2011 EQC are on 1-7, 1-20-1-22, 1-31- 1-33 and 1-36-1-37. 1-5Title 129 Chapter 1 018.03 Any standard or otherrequirement under Chapter 18 relating to standards ofperformance for new stationary sources; 018.04 Any standard or otherrequirement establishedpursuant to Section 113 ofthe Act and regulations adopted bythe Council in Chapters 23, 27 and 28 relating to hazardous air pollutants listed in Appendix II orAppendix III; 018.05 Any standard or otherrequirement ofthe acid rain program under Chapter 26; 018.06 Anyrequirements established under Chapter 31 orpursuant to any permit or order issuedbythe Directorunder this Title; 018.07 Any standard or other requirement governing solid waste incineration under Chapter 18 orpursuant to Section 129(e) ofthe Act and regulations adopted bythe Council; 018.08 Any standard or otherrequirement for consumer and commercial products established under Section 183(e) ofthe Act and regulations adopted bythe Council; 018.09 Any standard or otherrequirement for tank vessels established under Section 183(f) and regulations adopted bythe Council; 018.10 Any standard or otherrequirement to protect stratospheric ozone as promulgated pursuant to Title VI ofthe Act and regulations adoptedbythe Council; and 018.11 Anynational ambient air quality standard orincrement orvisibility 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.

1-6 Changes for December2011 EQC are on 1-7, 1-20-1-22, 1-31-1-33 and 1-36-1-37.Title 129 Chapter 1 018.12 "Applicablerequirements under the Act" means federal regulations promulgated pursuant to the Clean AirAct, as amended, which have notbeen considered and adopted bythe Council. 019 "Area source" means: 019.01 For the purposes ofClass I permits under Chapter 5, 001.01C, any stationary source ofhazardous airpollutants that is not a major source and as moreparticularlydefined byNational Emission Standards for Hazardous Air Pollutants promulgatedunder 40 CFRPart 63 and adopted bythe Council. 019.02 For all otherpurposes, any small residential, governmental, institutional, commercial, orindustrial fuel combustion operation; on-site waste disposal facility, vessels, or other transportation facilities; or other miscellaneous sources, as identified through inventorytechniques approved bythe Director. 019.03 Area source shall not include motor vehicles ornonroad vehicles. 020 "Baseline actual emissions" has the definition given to it in Chapter 19, section 005. 021 "Baseline area" means any intrastate area (and everypart thereof) designated as attainment orunclassifiable under section 1 07(d)(1jf9f (A)(ii)orf€j(iii)ofthe Act in which the major source ormajormodification establishing the minor source baseline date would construct orwould have an air quality impact for the pollutant for which thebaseline date is established, as follows: equal to or greater than one 

## illmicrogram per cubic meter (annual average) ofthe pollutant for v/hich the minor sourcebaseline date is established for SO?, NO?, or PM IO ; orequal to or greater than 0.3 micrograms per cubicmeter (annual average) for PM2.S

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Changes for December2011 EQC are on 1-7, 1-20-1-22, 1-31- 1-33 and 1-36-1-37. 1-7Title 129 Chapter 1 022 "Baseline concentration" means that ambient concentration level that exists in thebaseline area at the time ofthe applicable minor sourcebaseline 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 ofsources in existence onthe applicable minor source baseline date, except as provided in section 022.02; and 022.01B The allowable emissions ofmajor stationary sources that commenced construction before the major source baseline date, but were not in operationbythe applicable minor sourcebaseline date. 022.02 The following will not be included in thebaseline concentration and will affect the applicable maximum allowable increase(s): 022.02A Actual emissions from anymajor stationary source on which construction commenced after the major sourcebaseline date; and 022.02B Actual emissions increases and decreases at any stationary source occurring after the minor sourcebaseline date. 023 "Begin actual construction" means in general, initiation ofphysical on-site construction activities on an emissions unit which are ofa permanentnature. Such activities include, but are not limited to, installation ofbuilding supports and foundations, laying ofunderground pipework, and construction ofpermanent storage structures. Withrespect to a change in method ofoperating this term refers to those on-site activities other thanpreparatory activities whichmark the initiation ofthe change.

1-8 Changes for December 2011 EQC are on 1-7,1-20-1-22,1-31-1-33 and 1-36-1-37.Title 129 Chapter 1 024 "Best Available Control Technology" or "BACT", for purposes ofthe Prevention ofSignificant Deterioration (PSD) program as defined in Chapter 1. means an emissions limitation (including a visible emissions standard) based on the maximum degree ofreduction for each regulated NSRpollutant which would be emitted from anyproposed major stationary source ormajormodification which the Director, on a case-by-casebasis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application ofproduction processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combination techniques for control ofsuchpollutant. In no event shall application ofbest available control technologyresult in emissions ofanypollutant which would exceed the emissions allowed by any applicable standard under 40 CPR parts 60 and 61. Ifthe Director determines that technological or economic limitations on the application ofmeasurement methodologyto a patiicular emissions unit would make the imposition ofan emissions standard infeasible, a design, equipment, work practice, operational standard or combination thereof, maybeprescribed instead to satisfy the requirement for the application ofbest available control technology. Such standard shall, to the degree possible, set fOlih the emissions reduction achievable byimplementation ofsuch design, equipment, workpractice or operation, and shall provide for compliancebymeans which achieve equivalent results. "Best Available Control Technology" or "BACT", for purposes otherthan the PSD program, means an emission limitation or a design, equipment, work practice, operational standard or combination thereof, whichresults in the greatest degree of reduction ofa pollutant, as determinedbythe Director to be achievablebya 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 Deteriorationprogram, means all ofthepollutant-emitting activities which belong to the same industrial grouping, are located on one ormore contiguous or adjacent properties, and are under the control ofthe sameperson (or persons under common control). Pollutant-emitting activities shall be considered as

Changes for December 2011 EQC are on 1-7, 1-20-1-22, 1-31- 1-33 and 1-36-1-37. 1-9Title 129 Chapter 1 part ofthe same industrial grouping iftheybelong to the same "Major Group" (i.e., which have the same two-digit code) as described in the Standard Industrial Classification Manual, 1987. 026 "Building, structure, facility, or installation", for purposes ofthe Prevention of Significant Deteriorationprogram, means all ofthe pollutant-emitting activities which belong to the same industrial grouping, are located on one ormore contiguous or adjacent properties, and are under the control ofthe same person (or persons under common control) except the activities ofany vessel. Pollutantemitting activities shall be considered as part ofthe same industrial grouping ifthey belong to the same "Major Group" (i.e., whichhave the same two-digit code) as described in the Standard Industrial ClassificationManual, 1987. 027 "Class I operatingpermit" means anypermit or group ofpermits covering a Class I source that is issued, renewed, amended, orrevised pursuant to this Title. 028 "Class I source" means any source subject to the Class Ipermitting requirements ofChapter 5. 029 "Class II operating permit" means anypermit or group ofpermits covering a Class II source that is issued, renewed, amended, orrevised pursuant to this Title. 030 "Class II source" means any source subject to the Class II permitting requirements ofChapter 5. 031 "Cleanlumber" means wood or wood products that havebeen cut or shaped and include wet, air-dried, and kiln-dried wood products. Clean lumber does not include wood products that havebeenpainted, pigment-stained, orpressure-treated bycompounds such as chromate copper arsenate, pentachlorophenol, and creosote. 032 "C02 equivalent emissions (C02e)" shall represent an amount ofgreenhouse gases (GHGs) emitted, and shall be computed bythe sum total ofmultiplying the mass amount ofemissions, in tons per year (tpy), for each ofthe six greenhouse

1-10 Changes for December 2011 EQC are on 1-7, 1-20-1-22, 1-31-1-33 and 1-36-1-37.Title 129 Chapter 1 gases in the pollutant GHGs, by each ofthe gas's associated global wanning potential (see definition for Global Wanning Potential). 033 "Commence" as applied to construction, reconstruction, ormodification ofa stationary source means that the owner or operator has all necessarypreconstruction approvals and either has: 033.01 Begun, or caused to begin, a continuous program ofphysical on-site construction ofthe source to be completed within a reasonable time; or 033.01 Entered into binding agreements or contractual obligations, which cannot be cancelled ormodified without substantial loss to the owner or operator, to undertake a program ofconstruction ofthe 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 ofpennit processing does not preclude the Department from requesting or accepting any additional infonnation!. 035 "Construction" means anyphysical change or change inthe method of operation (including fabrication, erection, installation, demolition, ormodification ofan emissions unit) which would result in a change in actual emissions (a change in "emissions" for the Prevention ofSignificant Deterioration Program)._ 036 "Consumer Price Index" or "CPI" means the average ofthe Consumer Price Index for all urban consumers published bythe United States Department ofLabor at the close ofthe twelve-monthperiod ending on August 31 ofeach year. 037"Continuous emissions monitoring system (CEMS)" means all ofthe equipment that mayberequired to meet the data acquisition and availabilityrequirements of this section, to sample, condition (ifapplicable), analyze, and provide a record of emissions on a continuous basis.

Changes for December 2011 EQC are on 1-7,1-20-1-22,1-31- 1-33 and 1-36-1-37. 1-11Title 129 Chapter 1 038 "Continuous emissions rate monitoring system (CERMS)" means the total equipment required for the determination and recording ofthe pollutant mass emissions rate (in terms ofmass perunit oftime). 039 "Continuous parametermonitoring system (CPMS)" means all ofthe equipment necessary to meet the data acquisition and availabilityrequirements of the Prevention ofSignificant Deterioration program, to monitorprocess and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O2or CO2 concentrations), and to record average operational parametervalue(s) on a continuous basis. 040 "Control" and "controlling" means prohibition ofcontaminants as related to air, land, or waterpollution. 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 ofEnvironmental Quality. 044 "Designated representative" means a responsible natural person authorized by the owners and operators ofan affected source and ofall affected units at the source, as evidenced by a certificate ofrepresentation submitted in accordance with Subpart B of40 CFRpart 72, to represent and legallybind each owner and operator, as a matter offederal law, inmatters pertaining to the Acid Rain Program. Whenever the term "responsibleperson" is used in this Title, it shall be deemed to refer to the "designated representative" with regard to all matters underthe Acid Rain Program. 045 "Deviation" means a departure from an indicatorrange or work practice for monitoring, consistent with any averaging period specified for averaging the results ofthe monitoring.

1-12 Changes for December 2011 EQC are on 1-7, 1-20-1-22, 1-31-1-33 and 1-36-1-37.Title 129 Chapter 1 046 "Director" means the Director ofthe Department ofEnvironmental Qualityor his orher designee. 047 "Draft permit" means the version ofa permit for which the permitting authority offers public participation and, in the case ofa Class I draft operating permit, affected Statereview. 048 "Electricutility steam generatingunit" means any steam electric generating unit that is constructed for thepurpose ofsupplyingmore than one-third ofits potential electric output capacity and more than 25 MW electrical output to any utilitypower distribution system for sale. Any steam supplied to a steam distribution system for thepurpose ofproviding steam to a steam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity ofthe affected facility. 049 "Elevated terrain" means terrain, which may affect the calculation ofgood engineering practice stack height. 050 "Emission data" means chemical analysis ofprocess fuel and the manufacturing orproductionprocess, as well as operational procedures and actual nature and amounts ofemissions. 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 ofemissions ofairpollutants on a continuous basis, including anyrequirements which limit the level ofopacity, prescribe equipment, set fuel specifications, orprescribe operation ormaintenance procedures for a source to assure continuous emissionreduction. 052 "Emissions allowable underthe permit" means a federally enforceablepermit term or condition determined at issuance to berequired by an applicable requirement that establishes an emissions limit (including a workpractice 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. Changes for December 2011 EQC are on 1-7, 1-20-1-22, 1-31- 1-33 and 1-36-1-37. 1-13Title 129 Chapter 1 053 "Emissions unit" means anypart or activity ofa stationary source, which emits or would have the potential to emit any regulated air pollutant ("regulated NSR pollutant" for purposes ofthe Prevention ofSignificant Deteriorationprogram) or anypollutant listed in Appendix II. This term includes electric steam generating units. This term is not meant to alter or affect the definition ofthe "unit" for purposes ofChapter 26. Forpurposes ofthe Prevention ofSignificant Deterioration (PSD) program, there are two types ofemissions 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 ofany air contaminant or combination thereof. 055 "Existing source" means equipment, machines, devices, articles, contrivances, orinstallations which are inbeing onthe effective date ofthese 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, anypermit requirements established in anypelmit issued pursuant to this Title, and anyrequirements in Chapters 18 and 23,27, or 28 which are enforceable bythe Administrator.

1-14 Changes for December 2011 EQC are on 1-7, 1-20-1-22, 1-31-1-33 and 1-36-1-37.Title 129 Chapter 1 058 "Final pennit" means the version ofa pelmit issued bythe Depmiment that has completed all review procedures required by Chapter 14, and for a Class Ipennit, Chapter 13. 059 "Fixed capital cost" means the capital needed to provide all the depreciable components ofa source. 060 "Fuel burning equipment" means any furnace, boiler, apparatus, stack and all associated equipment, used in the process ofburning 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 reasonablypass 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 ofChapter 9. 064 "Global WanningPotential" means the ratio ofthetime-integrated radiative forcing from the instantaneous release ofone kilogram ofa trace substance relative to that ofone kilogram- ofa reference gas, i.e., C02. Thepollutant greenhouse gases (GHGs) is adjusted to calculate CO2equivalence 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 ofsix gases: carbon dioxide (C02 ), nitrous oxide (N20), methane (CH4), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6). 066 "Hazardous air pollutant" means any air pollutant: 066.01 listed in Appendix II, or

Changes for December 2011 EQC are on 1-7,1-20-1-22,1-31-1-33 and 1-36-1-37. 1-15·Title 129 Chapter 1 066.02 to which no ambient air quality standard is applicable and which in thejudgment ofthe Director may cause, or contribute to, an increase in mortality or an increase in serious irreversible, orincapacitating reversible, illness. 067 "High terrain" means any area having an elevation 900 feet ormore above the base ofthe stack ofa source. 068 "Incinerator" means any furnace used in the process ofburning solid waste, except for a furnace owned and operated bylaw enforcement agencies solelyto dispose ofammunition, fireworks or similar flammable or explosive materials. 069 "Indian Governing Body" means the governingbody ofany tribe, band, or group ofIndians subject to thejurisdiction ofthe United States and recognized by the United States as possessingpower ofself-government. 070 "Indian Reservation" means any federally recognized reservation established byTreaty, Agreement, Executive Order, or Act ofCongress:. 071 "Innovative control technology" means any system ofair pollution control that has notbeen adequately demonstrated in practice, but would have a substantial likelihood ofachieving greater continuous emissions reduction than any control system in currentpractice or ofachieving at least comparable reductions at lower cost in terms ofenergy, economics, or non-air quality environmental impacts. 072 "Insignificant activities" refers to activities and emissions that maybe excluded from reporting for operating permit applications and/or emissions inventories. Emissions exempted from reporting requirements must still be included in the determination ofwhether a source must obtain a Class I or Class II operating permit.

1-16 Changes for December 2011 EQC are on 1-7,1-20-1-22,1-31-1-33 and 1-36-1-37.Title 129 Chapter 1 073 "Installation" means an identifiable piece ofprocess equipment.(This definition does not apply to the Prevention ofSignificant Deterioration program. See "building, structure, facility, or installation") 074 "Interstate air pollution control agency" means: 074.01 An air pollution control agency established bytwo or more states; or 074.02 An air pollution control agency oftwo ormore 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 withresponsibility for carrying out part ofa plan. 076 "Low emitter" refers to a facility that has a potential to emit anyregulated 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 "Lowterrain" means any area otherthan high terrain. 078 "Lowest Achievable Emission Rate (LAER)" means, for any source, the more stringent emission rate from either: 078.01 The most stringent emission limitation contained in the implementationplan ofany state for such class or category ofsources (as adopted bythe Council) unless the owner or operator oftheproposed source demonstrates that such limitations are not achievable; or 078.02 Themost stringent emission limitation which is achieved inpractice by such class or category ofsource and adopted bythe 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 ofthis tennpennit a proposed new or modified stationary source to emit anypollutant in excess of

Changes for December 2011 EQC are on 1-7,1-20-1-22,1-31-1-33 and 1-36-1-37. 1-17Title 129 Chapter 1 the amount allowableunder an applicable new source standard of performance. 079 "Major emissions unit" means: 079.01 Any emissions unit that emits orhas the potential to emit 100 tons per year ormore ofthe PALpollutant in an attainment area; or 079.02 Any emissions unit that emits orhas the potential to emit the PAL pollutant in an amount that is equal to or greater than the major source threshold for the PALpollutant as defined bythe Act for nonattainment areas. 080 "Majormodification" means anyphysical change in or change inthe method ofoperation ofa major stationary source that would result in a significant emissions increase ofa regulated NSRpollutant and a significant net emissions increase ofthatpollutant from the major stationary source. 080.01 Any significant emissions increase from any emissions units ornet 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 inthe method ofoperation shall not include: 080.02A Routine maintenance, repair and replacement; 080.02B Use ofan alternative fuel orraw material byreason of any orderunder sections 2(a) and (b) ofthe Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) orbyreason ofa natural gas curtailment planpursuant to the Federal Power Act;

1-18 Changes for December2011 EQC are on 1-7, 1-20-1-22, 1-31-1-33 and 1-36-1-37.Title 129 Chapter 1 080.02C Use ofan altemative fuel byreason ofan order orrule under section 125 ofthe Act; 080.02D Use ofan alternative fuel at a steam-generatingunit to the extent that the fuel is generated from municipal solid waste; 080.02E Use ofan alternative fuel or raw material by a stationary source which: 080.02E1 The source was capable ofaccommodatingbefore December 21, 1976, unless such change wouldbeprohibited under any federally enforceable permit condition, which was established after December 21, 1976, pursuant to the Prevention ofSignificant Deterioration Program as defined in Chapter 1; or 080.02E2 The source is approved to use under anypermit issued under regulations approved pursuant to the Prevention of Significant Deterioration Program as defined in Chapter 1; 080.02F An increase in the hours ofoperation or in the production rate, unless such change would beprohibited under any federally enforceablepermit condition, which was established after December 21, 1976, pursuant to the Prevention ofSignificant Deterioration Program as defined in Chapter 1; or 080.02G Any change in ownership at a stationary source. 080.02H The installation, operation, cessation, orremoval ofa temporary clean coal technology demonstration project, provided that theproject complies**with~** 080.02H1 The State implementation plan for the State in which the project is located; and

Changes for December 2011 EQC are on 1-7,1-20-1-22,1-31- 1-33 and 1-36-1-37. 1-19Title 129 Chapter 1 080.02H2 Otherrequirements 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 ofa permanent clean coal technology demonstration project that constitutes repowering ,_ provided that the project does not result in an increase in the potential to emit ofanyregulated pollutant emitted bythe unit. This exemption shall apply on a pollutant-by-pollutantbasis. 080.02J Thereactivation ofa very clean coal-fired electric utility team generating unit. 080.03 This definition shall not apply with respect to a particularregulated NSRpollutant when the major stationary source is complying with the requirements under Chapter 19 for a PAL for that pollutant. Instead, the definition of"PALmajor modification" shall apply. 081 "Major sourcebaseline date" means, in the case ofparticulate matter PMlO_and sulfur dioxide, January 6, 1975, 

### aRE!, in the case ofnitrogen 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 Fornew sources, the emission limitation reflecting the maximum degree ofreduction inhazardous air pollutant emissions that is deemed achievable, which is no less stringent than the emission limitation achieved in practicebythe best controlled similar source. 083.02 For existing sources, the emission limitation reflecting the maximum degree ofreduction inhazardous air pollutant emissions that the Director,

1-20 Changes for December 2011 EQC are on 1-7,1-20-1-22,1-31-1-33 and 1-36-1-37.Title 129 Chapter 1 taking into consideration the cost ofachieving such emission reductions, and anynon-air qualityhealth and environmental impacts and energy requirements, determines is achievable bysources in the category or subcategory, which is no less stringent than the average emission limitation achieved bythe best performing 12 percent ofthe existing sources, as determined pursuant to section 112(d)(3) ofthe Act. 084 "Method 9" refers to a visual determination ofthe opacity ofemissions from a stationary source as defined in 40 CFR 60, Appendix A-4. 085 "Method 22" refers to a visual determination offugitive emissions from material sources and smoke emissions from flares as defined in 40 CFR 60, Appendix A -7. 086 "Minor source" means any source which is not defined as a major source in Chapter 2. 087 "Minor sourcebaseline date" means the earliest date after the trigger date on which a major stationary source or a majormodification subject to the Prevention ofSignificant Deterioration Program, as defined in Chapter 1, submits a complete permit application. The trigger date is, in the case ofparticulate matterPM IO and sulfur dioxide, August 7, 1977, 

### anfr; in the case ofnitrogen dioxide, February 8, 1988, and in the case ofPM2.5, October 20,2011. Anyminor source baseline date established originally for the TSP increments shall remain in effect and shall apply for purposes ofdetermining the amount ofavailable PM IO increments, except that the Departmentmayrescind any suchminor sourcebaseline date where it can be shown, to the satisfaction ofthe Department, that the emissions increase from the major stationary source, orthe net emissions increase from the majormodification, responsible for triggering that date did not result in a significant amount ofPM IO emissions. Thebaseline date is established for eachpollutant for which increments or other equivalent measures have been established ifthe area in which the proposed source ormodification would construct is designated as attainment orunclassifiable under

Changes for December 2011 EQC are on 1-7, 1-20-1-22, 1-31- 1-33 and 1-36-1-37. 1-21Title 129 Chapter 1 section 1 07(d)(i)(±» (A)(ii) or

### fIB (iii)ofthe Act for the pollutant on the date ofits 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 ofa major stationary source, the pollutant would be emitted in significant amounts, or in the case ofa major modification, there would be a significant net emissions increase ofthe 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 solelyfor competition, orthat is not subject to standards promulgated under section 111 or section 202 ofthe Act.. 089 "Modification" means any physical change in, or change in method of operation of, an affected facility which increases the amount ofany air pollutant, except that: 089.01 Routine maintenance, repair, and replacement (except as defined as reconstruction) shall not be considered physical changes; and 089.02 An increase in the production rate or hours ofoperation shall not be considered a change in the method ofoperation, unless such change would violate a permit condition. 090 "National standard" means either a primary or a secondary standard established pursuant to the Act. 091 "Necessarypreconstruction approvals orpermits" 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:,

1-22 Changes for December 2011 EQC are on 1-7,1-20-1-22,1-31-1-33 and 1-36-1-37.Title 129 Chapter 1 092.01 With respect to any regulated NSR pollutan(emittedbya major stationary**source~** the amount bywhich the sum ofthe following exceeds zero: 092.01A The increase in emissions from a particularphysical change or change in the method ofoperation at a stationary source as calculated_pursuant to the Prevention ofSignificant Deterioration Program as defined in Chapter 1; and 092.01B Anyother 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. 092.01C An increase or decrease in actual emissions is contemporaneous with the increase from the patiicular change onlyifit occurs between the date five years before the sourcebegins actual construction ofthe 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 Itoccurs within the contemporaneous period as defined in section 092.0IC; and 092.02B The Directorhas 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 theparticular change occurs; and 092.03 An increase or decrease in actual emissions ofsulfur dioxide, particulate matter, or nitrogen oxides that occurs before the applicable minor

Changes for December 2011 EQC are on 1-7,1-20-1-22,1-31- 1-33 and 1-36-1-37. 1-23Title 129 Chapter 1 source baseline date is creditable only ifit is required to be considered in calculating the amount ofmaximum allowable increases remaining**available~** 092.04 Anincrease in actual emissions is creditable onlyto the extent that the new level ofactual emissions exceeds the old level. 092.05 A decrease in actual emissions is creditable onlyto the extent that: 092.05A The old level ofactual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions; 092.05B Itis enforceable as a practical matter at and after the time that actual construction on the particular changebegins; 092.05C The Directorhas not relied on it in issuing anypermit under regulations in the State Implementation Plan approved pursuant to 40 CFR Part 51, Subpart I or in demonstrating attainment orreasonable further progress; and 092.05D Ithas approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change. 092.06 Anincrease 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 particularpollutant. Anyreplacement unit that requires shakedownbecomes 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.

1-24 Changes for December 2011 EQC are on 1-7,1-20-1-22,1-31-1-33 and 1-36-1-37.Title 129 Chapter 1 093 "New source" means any stationary source the construction, modification, or reconstruction ofwhich is commenced after the publication ofregulations bythe State ofNebraska or the federal government prescribing a standard ofperformance which will be applicable to such source. 094 "Non-attainment area" means any area designated bythe Department or the United States Environmental Protection Agencypursuant to Section 107 (d) ofthe Act as an area exceeding anyNational Ambient Air Quality Standard.

095 "Opacity" means a state which renders material partially or whollyimpervious to rays oflight and causes obstruction ofan observer's view. 096 "Open fires" means theburning ofanymatter in such a manner that the products ofcombustion resulting from such fires are emitted directly into the ambient air withoutpassing through an adequate stack, duct, or chimney. 097 "Owner or operator" means anyperson who owns, leases, operates, controls, or supervises a stationary source. 098 "PAL effective date" generallymeans the date ofissuance ofthe PALpermit. However, the PAL effective date for an increased Plantwide Applicability_ Limitation (PAL) is the date any emissions unit that is part ofthe PAL major modification becomes operational and begins to emit the PALpollutant. 099 "PAL effectiveperiod" means the period beginning with the PAL effective date and ending 10 years later. 100 "PALmajormodification" means, notwithstanding the definitions of"major stationary source" and "majormodification", anyphysical change in or change in the method ofoperation ofthePlantwide ApplicabilityLimitation (PAL) source that causes it to emit the PALpollutant at a level equal to or greater than the PAL!.

Changes for December 2011 EQC are on 1-7, 1-20-1-22, 1-31- 1-33 and 1-36-1-37. 1-25Title 129 Chapter 1 101 "PALpermit" means the constructionpermit issued by the Department that establishes a Plantwide Applicability Limitation (PAL) for a major stationary source. 102 "PALpollutant" means the pollutant for which a Plantwide Applicability Limitation (PAL) is established at a major stationary source. 103 "Particulatematter" 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 orliquid material, other than uncombined water, emitted to the ambient air as measured by applicable reference methods, or an equivalent or alternative method, specified bythe United States Environmental Protection Agency, orby a test method specified in an approved State Implementation Plan. lOS "Performance test" means measurements ofemissions or otherprocedures used for the purpose ofdetermining compliance with a standard ofperformance 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 operatingpermitprogram, as set forth in Neb. Rev. Stat. §81-1S0S.04. 107 "Permit revision" means a revision to an operating or constructionpermit that meets the requirements ofChapter 

### IS. 108 "Permitting authority" means the Department ofEnvironmental Quality. 109 "Person" means any individual partnership; limited liability company; association; public orprivate corporation; trustee; receiver; assignee; agent; municipality or other governmental subdivision; public agency; other legal entity; or any officer or governing ormanagingbody ofanypublic orprivate corporation, municipality, governmental subdivision, public agency, or other legal entity.

1-26 Changes for December2011 EQC are on 1-7, 1-20-1-22, 1-31-1-33 and 1-36-1-37.Title 129 Chapter 1 110 "Plan" means an implementationplan adopted bythe Statepursuant to Section 110 ofthe Act, to attain and maintain a national standard. 111 "Plantwide applicability limitation (PAL)" means an emission limitation expressed in tons peryear, for a pollutant at a major stationmy source, that is enforceable as a practical matter and established source-wide in accordance with Chapter 19, section OIl. 112 "PM IO " 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 "PM IO 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 bythe United States Environmental Protection Agency orby a test method specified in an approved State Implementation Plan-,- 114 Reserved. 115 "Pollutionprevention" means any activitythat throughprocess changes, productreformulation orredesign, or substitution ofless polluting raw materials, eliminates orreduces the release ofairpollutants (including fugitive emissions) and otherpollutants to the environment priorto recycling, treatment, or disposal; it does not meanrecycling (other than certain "in-process recycling" practices), energyrecovery, treatment, or disposal. 116 "Potential to emit" means themaximum capacityofa stationary source to emit a pollutantunder its physical and operational design. Anyphysical or operational limitation on the capacityofthe source to emit a pollutant, including airpollution control equipment and restrictions onhours ofoperation or onthe type or amount ofmaterial combusted, stored, orprocessed, shall be treated as part ofits design if the limitation orthe effect it would have on emissions is federally enforceable.

Changes for December 2011 EQC are on 1-7, 1-20-1-22, 1-31- 1-33 and 1-36-1-37. 1-27Title 129 Chapter 1 Secondary emissions do not count in detennining the potential to emit ofa stationary source. This tenn does not alter or affect the use ofthis tenn for any otherpurposes 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 monitorprocess 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 ofSignificant Deterioration Program (PSD) program" means a major source preconstructionpennitprogram that has been approved bythe Administrator and incorporated into the plan to implement the requirements of40 CFR 51.166 or 40 CFR 52.21. Anypennit issued under such a program is a major NSRpennit. 119 "Primary standard" means a national primary ambient air quality standard identified in Chapter4. 120 "Process" means any action, operation ortreatment, and all methods and fonns ofmanufacturing orprocessing, that may emit smoke, particulate matter, gaseous matter, or other air contaminant. 121 "Process weight" means the total weight ofall materials introduced into any source operation. Solid fuels charged will be considered as part ofthe process weight, but liquid and gaseous fuels and combustion air will not. 122 "Process weightrate" means for continuous or long-run steady-state source operations, the total process weight for the entireperiod ofcontinuous operation or for a typical portion thereof. For a cyclical orbatch source operation, the total process weight for a period that covers a complete operation or an integral number ofcycles, divided bythe number ofhours ofactual process operation during such a period. Where the nature ofanyprocess or operation, or the design ofany

1-28 Changes for December2011 EQC are on 1-7, 1-20-1-22, 1-31-1-33 and 1-36-1-37.Title 129 Chapter 1 equipment, is such as to permit more than one interpretation ofthis definition, the interpretation that results in the minimum value for allowable emission shall apply. 123 "Project" means aphysical change in, or change in method ofoperation 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 operatingpermit" means the version ofa 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 ofthe relevant air pollutant as are required bythe applicable implementation plan or mayreasonablyberequired bythe Director for the purpose ofensuring attainment ofthe applicable ambient air quality standard bythe applicable date. 127 "Reconstruction" means a situation where the fixed capital cost ofthenew components exceeds 50% ofthe fixed capital cost ofa comparable entirely new facility or source. However, any final decision as to whetherreconstruction has occurred shall bemade in accordance with the provisions of40 CFR 60.15(f)(1)- (3). A reconstructed source will be treated as a new stationary source. In determiningbest available control technology or lowest achievable emission rate for a reconstructed source, the provisions of40 CFR 60.15(f)(4) shall betaken into account in assessing whether a standard ofperformance under 40 CFR Part 60 is applicable to such source. 128 "Region" means: 128.01 An air quality control region designated bythe Administrator; or 128.02 Any area designated bythe State as an air quality control region.

Changes for December 2011 EQC are on 1-7, 1-20-1-22, 1-31- 1-33 and 1-36-1-37. 1-29

### Title 129 Chapter 1 129 "Regional administrator" means the Regional designee appointed bythe 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 Anypollutant that is subject to any standard in Chapter 18; and 130.04 Anypollutant subject to a standard or otherrequirements established in Chapters 27 or 28 relating to hazardous airpollutants, including the following: 130.04A Any pollutant subject to requirements under Chapter 27, 005; and 130.04B Anypollutant for which the requirements relating to construction, reconstruction, and modification in Chapter 27, 003, havebeen met, but onlywith respect to the individual source subject to these requirements. 130.05 Greenhouse gases (GHGs) as follows: 130.05A Beginning July 1,2011, the GHGs emissions are at a stationary source emitting or having the potential to emit 100,000 tons C02

### e ormore. 131 "Regulated NSR pollutant" means the following:

1-30 Changes for December 2011 EQC are on 1-7, 1-20-1-22, 1-31-1-33 and 1-36-1-37.

### Title 129 Chapter 1 131.01 Anypollutant for which a national ambient air quality standard has been promulgated and any constituents orprecursors for such pollutants identified bythe**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 Anypollutant that is subject to any standard promulgated under section 111 ofthe Act; 131.03 Any Class lorII substance subject to a standard promulgated under or established bytitle VI ofthe Act; or

131.04 Anypollutant 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) oftheAct, which have not been delisted pursuant to section 112 (b)(3) ofthe Act, are not regulated NSRpollutants unless the listed hazardous air pollutant is also regulated as a constituent orprecursor ofa general pollutant listed under section 108 ofthe**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 aregulated NSR pollutant that is not GHGs, and also will emit or will have the potential to emit 75,000 tons per year C02

### e or more; or

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

### 1-31Title 129 Chapter 1 131.05A2 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 ofa regulated NSRpollutant, and an emissions increase of75,000 tons per year C02 e ormore; 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 orhave the potential to emit 100,000 tons per year C02e or 131.05B2 The stationary source is an existing stationary source that emits orhas the potential to emit 100,000 tons per year C02 e or more, when such stationary source undeliakes a physical change or change in the method ofoperation that will result in an emissions increase of75,000 tons peryear C02 e 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 bebased ontons per year C02 e, and shall be calculated assuming the pollutant GHGs is a regulated NSRpollutant, and "significant" is defined as 75,000 tons peryear C02e instead ofapplying the value in Chapter 19, section 010.1-18.

1-32 Changes for December 2011 EQC are on 1-7, 1-20-1-22, 1-31-1-33 and 1-36-1-37.Title 129 Chapter 1 132 "Regulated pollutant for fee purposes" means anyregulated air pollutant identified in theprevious section this chapter, except for the following: 132.01 Carbonmonoxide; 132.02 Particulate matter, excluding PMIO; 132.03 Anypollutant that is a regulated air pollutant solelybecause it is a Class I orII substance subject to a standardpromulgated under or established byTitle VI ofthe Act and regulations adopted bythe Council; or 132.04 Anypollutant that is a regulated air pollutant solelybecause it is subject to a standard orregulation promulgated under Section 112(r) ofthe Act and regulations adopted bythe Council. 132.05 Greenhouse gases (GHGs) 133 "Renewal" means the process bywhich a permit is reissued at the end ofits term. 134 "Replacementunit" means an emissions unit for which all the criteria listed in this definition are met. No creditable emissionreductions 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, orthe emissions unit completely takes the place ofan existing emissions unit. 134.02 The emissions unit is identical to or functionally equivalent to the replaced emissions unit. 134.03 Thereplacement does not change the basic design parameter(s) ofthe process unit-,-

Changes for December 2011 EQC are on 1-7, 1-20-1-22, 1-31- 1-33 and 1-36-1-37. 1-33Title 129 Chapter 1 134.04 The replaced emissions unit is permanentlyremoved from the major stationary source, otherwise pennanently disabled, orpennanentlybalTed from operationby a pennit that is enforceable as a practical matter. Ifthe replaced unit is broughtbackinto 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 ofthe corporation in charge ofa principal business function, or any other person who perfonns similarpolicy or decision-making functions for the corporation, or a duly authorized representative ofsuchperson ifthe representative is responsible for the overall operation ofone ormore manufacturing, production, or operating facilities applying for or subject to a pennit and either: 135.01A The facilities employmore than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or 135.01B The delegation ofauthority to such representatives is approved in advance bythe pennitting authority; 135.02 For a partnership or sole proprietorship: a general partner orthe proprietor, respectively; 135.03 For a municipality, State, Federal, or otherpublic agency: Either a principal executive officer orranking elected official. For the purposes of this part, a principal executive officer ofa Federal agency includes the chief executive officer having responsibility for the overall operations ofa principal geographic unit ofthe agency (e.g., a Regional Administrator of EPA); or 135.04 For affected sources:

1-34 Changes for December 2011 EQC are on 1-7, 1-20-1-22, 1-31-1-33 and 1-36-1-37.Title 129 Chapter 1 135.04A The designated representative in so far as actions, standards, requirements, orprohibitions under Chapter 26 are concerned; and 135.04B The designated representative for any other purposes under the Title V program. 136 "Rule orregulation" means anyrule or regulation ofthe Council. 137 "Secondary emissions" means emissions which occur as a result ofthe construction or operation ofa major stationary source or majormodification, but do not come from the major stationary source ormajormodification itself. Secondary emissions must be specific, well defined, quantifiable, and impact the same general area as the stationary source ormodification, which causes the secondary emissions. Secondary emissions include emissions from any offsite support facility which would not be constructed or increase its emissions except as a result ofthe construction or operation ofthemajor stationary source ormajor modification. Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions from the tailpipe ofa motor vehicle, from a train, orfrom a vessel. 138 "Secondary standard" means a national secondary ambient air quality standard identified in Chapter 4. 139 "Section 502(b)(l0) changes" are changes provided for in section 502 (b)(10) ofthe Act. These are changes allowed within a permitted facility without requiring a permitrevision ifthe changes are not modifications under anyprovision ofTitle I ofthe 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

Changes for December2011 EQC are on 1-7, 1-20-1-22, 1-31- 1-33 and 1-36-1-37. 1-35Title 129 Chapter 1 rates ("Significant" for purposes ofthe Prevention ofSignificant Deterioration Program is defined in Chapter 19): Pollutant and Emission Rate Carbon monoxide: 100 tons peryear (tpy) Nitrogen oxides: 40 tpy Sulfur dioxide: 40 tpy Particulate matter: 25 tpy PM lO : 15 tpy PM2 .s: 10 tpy Ozone: 40 tpy ofvolatile organic compounds ornitrogen oxides Lead: 0.6 tpy Fluorides: 3 tpy Sulfuric acid mist: 7 tpy Hydrogen sulfide (H2 S): 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 peryear)

1-36 Changes for December 2011 EQC are on 1-7, 1-20-1-22, 1-31-1-33 and 1-36-1-37.Title 129 Chapter 1 Municipal waste combustor metals (measured as particulate matter): 14 megagrams per year (15 tons peryear) Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen chloride): 36 megagrams peryear (40 tons peryear) Municipal solid waste landfill emissions (measured as 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 PALpollutant in an amount that is equal to or greater than the significant level (as defined in section IJ.140 orin 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 orhas the potential to emit the PALpollutant in an amount less than the significant level for that PAL pollutant, as defined in section 1 J.140 orin the Act, whichever is lower. 144 "Solid waste" means any garbage, refuse, or sludge from a waste treatment plant, water supplytreatment 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 anyproperty, real orpersonal, orperson contributing to air pollution. 146 "Speciation" is the process ofclassifying and separating objects bycommon characteristics including, but not limited to, chemical mass balance, factor analysis,

Changes for December 2011 EQC are on 1-7,1-20-1-22,1-31- 1-33 and 1-36-1-37. 1-37Title 129 Chapter 1 optical microscopy, and automated scanning electron microscopy. Itis the process used to find the relative proportions or mix ofair source categories which best accounts for the composition ofa pollutant sample. 147 "Stack" means anypoint 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 operatorhad (1) begun, or caused to begin, a continuous program ofphysical on-site construction ofthe stack or (2) entered into binding agreements or contractual obligations which could notbe cancelled ormodified without substantial loss to the owner or operator, to undertake a program ofconstruction ofthe stack to be completed in a reasonable time. 149 "Stack height" means the distance from the ground level elevation ofa stack to the elevation ofthe stack outlet. 150 "Standard ofperformance" means a standard for emission ofair pollutants whichreflects the degree ofemission limitation achievable through the application ofthe best system ofemission reduction which (taking into account the cost of achieving suchreduction) the Director determines has been adequately demonstrated. 151 "Startup ofoperation" means thebeginning ofroutine operation ofan affected facility. 152 "State" means anynon-Federal permitting authority, including any local agency, interstate association, or statewideprogram. 153 "State Act" means the Nebraska Environmental ProtectionAct, Neb. Rev. Stat. §81-1501 through §81-1533, as amended. 154 "Stationary source" means anybuilding, structure, facility, or installation which emits or may emit any airpollutant subject to regulation under this Title.

1-38 Changes for December2011 EQC are on 1-7, 1-20-1-22, 1-31-1-33 and 1-36-1-37.Title 129 Chapter 1 155 "Synthetic minor" refers to a facility that has a potential to emit any regulated pollutant above the major source threshold (Class I operatingpermit 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 bythe Administrator for purposes ofTitle V ofthe 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 bythe method described in Appendix B of40 CFR Part 50. 159 "UTM coordinates" refer to the Universal Transverse Mercator Coordinate (UTM) system, whichprovides 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 ofcarbon, 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 havebeen determined to have negligible photochemical reactivity: acetone; l-chloro-l,I-difluoroethane (HCFC-142b); Chlorodifluoromethane (CFC-22);

Changes for December 2011 EQC are on 1-7, 1-20-1-22, 1-31- 1-33 and 1-36-1-37. 1-39Title 129 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-43-1Omee} Dichlorodifluoromethane (CFC-12); 1,I-dichloro-l-fluoroethane (HCFC-141b); 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; 1-40 Changes for December 2011 EQCareon 1-7,1-20-1-22,1-31-1-33 and 1-36-1-37.Title 129 Chapter 1 2-(ethoxydifluoromethyl)-l,1,1,2,3,3,3-heptafluoropropane [(CF3)2CFCF20C2Hs]; 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4 F9 0C2 Hs) 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-C3 F70CH3 ) (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);

Changes for December 2011 EQC are on 1-7, 1-20-1-22, 1-31- 1-33 and 1-36-1-37. 1-41Title 129 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 tertiarybutyl acetate orTBAC); tetrachloroethylene (perchloroethylene orfPERC); 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: 1-42 Changes for December 2011 EQC are on 1-7,1-20-1-22,1-31-1-33 and 1-36-1-37.Title 129 Chapter 1

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 sulfurbonds onlyto carbon and fluorine.

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

Changes for December2011 EQC are on 1-7, 1-20-1-22, 1-31- 1-33 and 1-36-1-37. 1-43NEBRASKA ADMINISTRATIVE CODE Title 129

- Department ofEnvironmental 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, ormodification at any ofthe following without first having obtained a constructionpermit from the Department in the mannerprescribed bythis 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 ofthe two. 001.01GD Forty (40) tons/year ofoxides ofnitrogen (calculated as N02). 001.01-9E Forty (40) tons/year ofvolatile organic compounds (VOC). 001.01EF Fifty (50) tons/year ofcarbon monoxide (CO). 001.01FG Six-tenths (0.6) tons/year oflead. 001.01GH Two and one-half(2.5) tons/year ofanyhazardous air pollutant or an aggregate often (10) tons/year ofanyhazardous air pollutants, including all associated fugitive emissions (see Chapter 27, sedion 003). 001.02 When determining applicabilityunder 001.01 above, sources in the following source categories must include fugitive emissions: Changes for December 2011 EQC are onpages 17-1, 17-4, and 17-6. 17-1

### Title 129 Chapter 17

17-2 001.02A Coal cleaningplants (with thennal dryers); 001.02B Kraft pulp mills; 001.02C Portland cementplants; 001.02D Plimaryzinc smelters; 001.02E Iron and steel mills; 001.02F Plimary aluminum ore reduction plants; 001.02G Primary copper smelters; 001.02H Municipal incinerators capable ofcharging more than 250 tons ofrefuse 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 ovenbatteries; 001.02N Sulfurrecoveryplants; 001.020 Carbonblackplants (furnace process); 001.02P Plimarylead smelters; 001.02Q Fuel conversionplants; Changes for December 2011 EQC are onpages 17-1, 17-4, and 17-6.

### Title 129 Chapter 17 001.02R Sinteringplants; 001.02S Secondarymetal productionplants; 001.02T Chemical process plants_- The term chemical processing plant shall not include ethanol production facilities that produce ethanol bynatural 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 perhours heat input; 001.02V Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; 001.02W Taconite ore processingplants; 001.02X Glass fiber processingplants; 001.02Y Charcoal production plants; 001.02Z Fossil fuel-fired steam electricplants ofmore than 250 million British thermal units per hourheat input; 001.02AA Any other stationary source categorywhich is being regulated by a standardpromulgatedunder Section 111 or 112 ofthe Act as ofAugust 7, 1980. 001.03 Anyincineratorused for refuse disposal or for the processing of salvageablematerials exceptrefuse incinerators located on residential premises containing five or less dwelling units used only for the disposal of residential waste generated on the said property.

Changes for December2011 EQC are onpages 17-1, 17-4, and 17-6. 

### 17-3Title 129 Chapter 17 002 The standards which would have been imposed under a constructionpermit are applicable to those sources who have failed to obtain a permit to the same extent as ifa permit had been obtained. 003 The owner or operator ofany source required to obtain a construction permit orrequesting permit applicabilityunder this Chapter, or submitting a significant permit revision, shall submit an application on forms provided bythe Department. 003.01 Application Fee. Each application for a constructionpermit shall be accompanied by a non-refundable fee. The amount ofthe fee will be based on the amount ofpollutants (including fugitive emissions) the entire source will directly emit orhave the potential to emit, as follows:

Directly Emit orHave Potential to Emit: Fee Less than 50 tons peryear ofany regulated listed airpollutant; or Less than 2.5 tons per year ofany single HAP; or $250 Less than 10 tons peryear ofany combination ofHAPs 50 tons ormore but less than 100 tons peryear ofany regulated listed airpollutant; or 2.5 tons or more but less than 10 tons per year ofany single HAPs; or $1,500 10 tons or more but less than 25 tons per year ofany combination of HAPs 100 tons or more per year ofany regulated listed airpollutant; or 10 tons ormore per year ofany single hazardous airpollutant (HAPj; $3,000 or 25 tons ormore per year ofany combination ofHAPs 003.02 Listed air pollutants for application fee purposes include PMlO, S02.. or S03 or any combination ofthe two, NOx, VOC, and CO. 004 An application will be deemed complete ifit provides all the information required and is sufficient to evaluate the subject source and to determine all applicable requirements. The application shall be certifiedby a responsible official for the source.

17-4 Changes for December 2011 EQC are onpages 17-1, 17-4, and 17-6.Title 129 Chapter 17 005 Ifthe Department determines that the application is not complete and additional information is necessary to evaluate ortake final action on the application, the Department mayrequest such information in writing and set a reasonable deadline for a response. 006 Any applicant who fails to submit anyrelevant facts orwho has submitted incorrect information in a permit application shall, uponbecoming aware ofsuch failure orincorrect submittal, promptly submit such supplementaryfacts or corrected information. 007 The Department shall require in the application information as necessary to determine ifthe new or modified source will interfere directly or indirectlywith the attainment ormaintenance ofNational Primary and SecondaryAmbient Air Quality Standards, orviolate anyportion ofan existing control strategy. 008 Ifan air quality impact analysis is deemed necessarybythe Director as a part ofa construction permit application, concentrations ofpollutants that maybe expected to occur in the vicinity ofa source or combination ofsources will be determined byuse ofan airpollution dispersion model acceptable to the Director. Meteorological and operating conditions that may occurthat will produce the greatest concentrations ofthe pollutants emitted shall beused in evaluating the effect ofthe source(s) on air quality. 009 Disapproval ofApplication for Permits. 009.01 Ifitis determined bythe Director that emissions resulting from the operation ofa source to be constructed ormodified will violate anyportion ofthese rules and regulations, violate any applicable federal air quality regulation

.. or interfere with attainment ormaintenance ofa 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.

Changes for December2011 EQC are onpages 17-1, 17-4, and 17-6. 17-5Title 129 Chapter 17 009.02 A construction permit will not be issued for any major source or major modification when such source ormodification would cause or contribute to a violation ofa national ambient air quality standard by exceeding, at a minimum, the following significant levels at any locality that does not orwould not meet the applicable national standard:

Averaging period Pollutant Annual 24 hour 8 hour 3 hour 1hour S02 1.0 ug/m3 5 ug/m3

--- 25 ug/m3

--- PM10 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 ofpermits. The Director shall publish notice ofintent to approve or disapprove the application in accordance with the procedures ofChapter 14. 011 Approval, byissuance ofa permit for any construction, reconstruction, or modification, does not relieve the owner or operator from the responsibility to comply with the applicable portions ofthe Implementation Plan control strategy. Thepermittee must complywith all conditions ofthe constructionpermit. Any permit noncompliance shall constitute a violation ofthe State Act and the Act, and is grounds for enforcement action orpermit revocation. 012 Ifconstruction, reconstruction, ormodification ofthe source is not commenced within 18 months, the construction permit shall lapse except upon a showingbythepermittee that the complexity ofthe construction, reconstruction, or modificationrequires additional time. 013 Additional Requirements for Construction orModification ofSources in Nonattainment Areas.

17-6 Changes for December2011 EQC are onpages 17-1, 17-4, and 17-6.Title 129 Chapter 17 013.01 No pennit to construct or modifywill be issued for a proposed major source or a majormodification ifthe source is located or is to be located in an area that is nonattainment for a pollutant for which the source ormodification is majorunless it is detennined that: 013.0lA Bythe 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 Planprior to the application for such pennitto construct ormodifyrepresent a net decrease in emissions and show reasonable further progress toward attainment and maintenance ofthe ambient air quality standards, and provided that any emissions reductions required as a precondition ofthe issuance ofa pennit shall be federally enforceable before suchpennit is issued. 013.0lB The proposed source is required to complywith the lowest achievable emission rate; and 013.01C The owner or operator ofthe proposed new ormodified sourcehas demonstrated that all othermajor stationary sources owned or operatedby suchperson (orby an entity controlling, controlled by, orunder 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 establishedunderthe Implementation Plan and the State shall not issue a pennit ifthe Administratorhas detennined that the applicable Implementation plan is notbeing adequately implemented for the nonattainment area in whichtheproposed source is to be constructed or modified.

Changes for December 2011 EQC are on pages 17-1, 17-4, and 17-6. 17-7Title 129 Chapter 17

17-8 013.0lE The source has completed an analysis ofalternative sites, sizes, production processes, and environmental control techniques for such proposed source which demonstrates that benefits ofthe proposed source significantly outweigh the environmental and social costs imposed as a result ofits location, construction, or modification.

013.02 Therequirements ofsection 013.0lA for emission reductions from existing sources in the vicinity ofproposed new sources ormodifications shall be determined on a case-by-case basis. The offset baseline shall be the actual emissions ofthe source from which offset credit is obtained. 013.03 The following shall apply to emission offsets: 013.03A Ifthe emissions limit under these regulations allows greater emissions than the potential to emit ofthe 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 offuel being burned at the time the application to construct is filed. Ifthe 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 ofa specified alternative control measure which would achieve the same degree ofemissions reduction should the source switch back to a dirtier fuel at some later date. The Director will ensure that adequate long-term supplies ofthe new fuel are availablebefore granting emissions offset credit for fuel switches. 013.03C Emissions reductions achieved by shutting down an existing source orpermanently curtailingproduction or operating hours below baseline levels maybe credited, provided that the work Changes for December 2011 EQC are onpages 17-1, 17-4, and 17-6.Title 129 Chapter 17 force to be affected has been notified ofthe proposed shutdown or curtailment. Source shutdowns and curtailments in production or operatinghours occurringprior to the date the new source application is filed generally maynotbeused 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 ofpermit application, and the proposed new source is a replacement for the shutdown or curtailment, credit for such shutdown or curtailmentmay be applied to offset emissions from the new source; 013.03D No emissions credit maybe allowed for replacing one hydrocarbon compound with another oflesserreactivity, except for those compounds listed in Table 1 ofEPA's "Recommended Policy on Control ofVolatile Organic Compounds". (42 FR 35314, July 8, 1977); 013.03E The procedures set out in 40 CFR Part 51, Appendix S, Section IV.D, relating to the permissible location ofoffsetting emissions, shall be followed, unless the 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 Directorhas not relied on it in issuing anypermit under regulations approved pursuant to 40 CFR Part 51 Subpart I or in demonstrating attainment orreasonable further progress. 013.03G Emission reductions otherwise required bythis Title shall notbe creditable as emissions reductions for purposes ofany offset. 013.04 The provisions of013 do not apply to a source ormodification that would be a major stationary source ormajormodification onlyiffugitive emissions, to the extent quantifiable, are considered in calculating the potential to emit ofthe stationary source or modification and the source does notbelong to any ofthe following categories:

Changes for December 2011 EQC are onpages 17-1, 17-4, and 17-6. 17-9

### Title 129 Chapter 17

17-10 013.04A Coal cleaning plants (with thennal dryers); 013.04B Kraft pulp mills; 013.04C Portland cementplants; 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 ofcharging more than 250 tons ofrefuse 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 Carbonblack plants (furnace process); 013.04P Primary lead smelters; 013.04Q Fuel conversion plants;

Changes for December 2011 EQC are onpages 17-1, 17-4, and 17-6.Title 129 Chapter 17 013.04R Sintering plants; 013.04S Secondarymetal productionplants; 013.04T Chemical process plants; The term chemical processing plant shall not include ethanol production facilities that produce_ ethanol bynatural fermentation included inNorth 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; 013.04X Glass fiber processingplants; 013.04Y Charcoal productionplants; 013.04Z Fossil fuel-fired stearn electric plants ofmore than 250 million British thermal units perhourheat input; 013.04AA Anyother stationary source categorywhich ·is being regulated by a standard promulgated_under Section 111 or 112 oftheAct as ofAugust 7, 1980. 013.05 At such time that a particular source ormodification becomes a major stationary source ormajormodification solelybyvirtue ofa relaxation in any enforcement limitation which was established after August 7, 1980, on the capacity ofthe source ormodification otherwise to emit a pollutant, such as a restriction on hours ofoperation, then the requirements ofthis section shall applyto the source ormodification as though constructionhad not yet commenced on the source or modification. Changes for December 2011 EQC are onpages 17-1, 17-4, and 17-6. 

### 17-11Title 129 Chapter 17 014 Any source not required to obtain a construction permit pursuant to 001 may request a construction pennitto be issued in the mannerprescribed by 002 through 013 for the following purposes: 014.01 Establishing enforceable limits to avoid otherwise applicable requirements under the provisions ofTitle 129.

014.02 Revising existing constructionpermits to incorporate significant permit revisions as defined in Chapter 15. 014.03 Establishing a PALpursuant to the provisions ofChapter 19 of Title 129. The construction permit used to establish a PALmust 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 theprovisions ofChapter 43. Enabling Legislation: Neb. Rev. Stat. §§81-1504(1)(2); 81-1505(12); 81- 1505.06. Legal Citation: Title 129, Ch. 17, Nebraska Department ofEnvironmental Quality

17-12 Changes for December 2011 EQC are onpages 17-1, 17-4, and 17-6.NEBRASKA ADMINISTRATIVE CODE Title 129

- Nebraska Air Quality Regulations Chapter 19

- Prevention ofSignificant Deterioration ofAir Quality (PSD

001 The following subsections of40 CFR 52.21 published on July 1, 20Q409 are incorporated byreference into Chapter 19 ofTitle 129: (b) (34), (35), (36), (37), and (38) definitions related to clean coal technology demonstrationprojects; (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 byreference into Chapter 19 ofTitle 129. 002 Therequirements ofthis chapter applyto the construction ofanynew major stationary source orthe majormodification ofany existingmajor stationary source, as defined in Chapter 2, section 008. Theprovisions ofthis chapter apply only to sources located in areas designated as attainment orunclassifiable. Sources not subject to PSD review may still require a constructionpermit pursuant to provisions in Chapter 17. 003 Prior to beginning actual construction ofa new major stationary source or a majormodification ofan existingmajor stationary source, the owner or operator must obtain a permit, issued bythe Department, statingthat the source will complywith the requirements ofthis chapter. 004 For any constructionproject at an existingmajor stationary source, the owner or operatormust determine iftheproject is a majormodification for a regulated NSRpollutant by assessing the following criteria: 004.01 The status ofeach relevant emissions unit, either new or existing, as defined in Chapter 1, section 051. 004.02 Thebaseline actual emissions (BAE) for each unit, as defined in section 005. 004.03 Theprojected actual emissions (PAE) orpotential to emit (PTE) for eachunit, as defined in sections 006 and 007.

Changes for December2011 EQC are on pages 19-1,2; 19-7-9; 19-23; 19-27-30 and 19-33. 19-1Title 129 Chapter 19 004.04 Whether the emissions increase (PAE (or PTE) minus BAE) is significant, as defined in section 008. 004.05 Ifthe 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, intons per year, at which an emissions unit actually emitted the regulated NSRpollutant during any consecutive 24-month period selectedbythe owner or operatorthat is representative ofnormal source operation,and that meets the following criteria: 005.01 Forunits at an electricutility steam generatingunit, within the five year period immediatelypreceding when the owner or operator begins actual construction ofthe project, unless the Department determines that a different time period within the preceding ten years is more representative ofnormal source operations. 005.02 For all otherunits, within the ten-year period immediately preceding either the date the owner or operatorbegins actual construction ofthe project, orthe date a complete permit application is received bythe Department for a permit required underthis section, whichever is earlier. 005.03 Inno case maythe consecutive 24-month period beginbefore January 1, 1996. 005.04 The average rate perunit shall include emissions associated with startups, shutdowns, and malfunctions. 005.05 Fugitive emissions. 005.05A The average rate perunit shall include fugitive emissions, to the extent quantifiable, for sources belonging to one ofthe categories listed in Chapter 2, sections 002.01 through 19-2 Changes for December 2011 EQC are onpages 19-1,2; 19-7-9; 19-23; 19-27-30 & 19-33.

### Title 129 Chapter 19 002.27. Fugitive emissions shall be considered quantifiable if emission factors are available or ifemissions can be calculated using mass balance equations or othermeans deemed acceptable to the Department. 005.05B The average rate perunit shall not include fugitive emissions for sources not belonging to one ofthe categories specified in section 005.05A. 005.06 The average rate perunit 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 perunit shall be adjusted downward to reflect any regulatory changes becoming effective since the beginning ofthe consecutive 24-monthperiod that would have required reduced emissions for any ofthe emissions units being changed ifthe regulatory changes had been in effect during the consecutive 24-monthperiod. 005.08 When aproject involves multiple emissions units, only one consecutive 24-monthperiod mustbeused to determine the BAE for the emissions units being changed. A different consecutive 24-monthperiod can beused for each regulated NSRpollutant. 005.09 The average rate perunit shall notbebased 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 ofpreference where possible: 005.10A Continuous Emissions Monitors (CEMS) complying with requirements in Chapter 34. Changes for December 2011 EQC are onpages 19-1,2; 19-7-9; 19-23; 19-27-30 and 19-33. 

### 19-3Title 129 Chapter 19 005.10B Predictive Emissions Monitors (PEMS) complying with requirements in Chapter 34. 005.10C Source-specific stack test data, ifsuch 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 ofpreference of methodologies than those listed in 005.10 maybeused to calculate the BAE with prior concurrence ofthe Department!. 005.12 For a new emissions unit, the BAE for purposes ofdetermining the emissions increase that will result from the initial construction and operation ofsuch unit shall equal zero; and thereafter, for all other purposes, shall equal the unit's PTE. 005.13 For a PAL for a stationary source, the BAE shall be calculated in accordance with the procedures contained in section 005.01 through 005.12.

006 Projected actual emissions (PAE) is the maximum annual rate, in tons per year (consecutive 12 month period), at which an existing emissions unit is projected to emit a regulated NSRpollutant in anyone ofthe five years following the date the unitresumes regular operation after theproject. Ifthe project involves increasing the emissions unit's design capacity orits potential to emit the regulated NSRpollutant, and full utilization ofthe unit would result in a significant emissions increase or a significant net emissions increase at the major stationary source, the PAE is the maximum annual rate in anyone ofthe ten years following the date the unit resumes regular operation after the project. To determine PAE, the owner or operator: 19-4 Changes for December 2011 EQC are onpages 19-1,2; 19-7-9; 19-23; 19-27-30 & 19-33.

### Title 129 Chapter 19 006.01 Shall consider all relevant information, includingbut not limited to the source's historical operational data, its own representations, expected business activity and highest projections ofbusiness 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 perunit shall include fugitive emissions, to the extent quantifiable, for sources belonging to one ofthe categories listed in Chapter 2, sections 002.01 through 002.27. Fugitive emissions shall be considered quantifiable if emission factors are available or ifemissions can be calculated using mass balance equations or othermeans deemed acceptable to the Department. 006.03B The average rate perunit shall not include fugitive emissions for sources notbelonging to one ofthe categories specified in section 006.03A. 006.04 Shall exclude, in calculating any increase in emissions that results from the particularproject, that portion ofthe unit's emissions following the project that an existingunit could have accommodated during the consecutive 24-monthperiod used to establish the BAE and that are also unrelated to the particularproject, including anyincreased utilization due to product demand growth. The Department shall provide guidance for use bythe owner or operator to determine the amount ofemissions that may be attributed to demand growth. 006.05 May, in lieu ofusing 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), intons per year, as defined in section 007. Changes for December 2011 EQCareonpages 19-1,2; 19-7-9; 19-23; 19-27-30 and 19-33. 

### 19-5Title 129 Chapter 19

007 Potential to emit (PTE) is the maximum capacity ofa major stationary source to emit a regulated NSRpollutantunder its physical and operational design. Anyphysical or operational limitation onthe capacity ofthe source to emit such a pollutant, including airpollution control equipment and restrictions on hours ofoperation or onthe type or amount ofmaterial combusted, stored, or processed, shall be treated as part ofits design ifthe limitation or the effect it would have on emissions is federally enforceable. Secondary emissions do not count in detennining thepotential to emit ofa stationary source. 008 Calculating significant emissions increase ofa regulated NSR pollutant. 008.01 Actual-to-projected-actual applicability test for projects that only involve existing emissions units. A significant emissions increase ofa regulated NSRpollutant is projected to occur ifthe sum ofthe difference between PAE 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 beused for projects that only involve existing emissions units. A significant emissions increase ofa regulated NSRpollutant is projected to occur ifthe sum ofthe difference between the PTE from each existing emissions unit following completion oftheproject and the BAE oftheseunits before the project equals or exceeds the significant amount for thatpollutant, as described in section 010. 008.03 Actual-to-potential test for projects that onlyinvolve construction of a new emissions unites). A significant emissions increase ofa regulated NSR pollutant is projected to occur ifthe sum ofthe difference between the PTE from each new emissions unit following completion ofthe project and the BAE oftheseunits before the project equals or exceeds the significant amount for that pollutant, as described in section 010.

19-6 Changes for December 2011 EQC are onpages 19-1,2; 19-7-9; 19-23; 19-27-30 & 19-33.

### Title 129 Chapter 19 008.04 Hybrid test for projects that involve multiple types ofemissions units. A significant emissions increase ofa regulated NSRpollutant is projected to occur ifthe sum ofthe emissions increases for all emissions units involved inthe 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 anymajor 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 Ifaproject 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 ofthe sum ofthe emissions increase and any other increases and decreases in actual emissions at the major stationary source that are contemporaneous (as defined in section 009.01) with the project and are otherwise creditable. 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 ifit occurs between the date five years before the sourcebegins actual construction (as defined in Chapter 1, section 023) ofthe project and the date that the increase from the project occurs. 009.02 An increase or decrease is creditable onlyifthe Department has not relied on it inissuing a PSD permit for the source which was in effect when the increase from the project occurred. 010 Significantmeans, in reference to an emission increase or a net emissions increase or the potential ofa source to emit any ofthe following pollutants, arate ofemissions that would equal or exceed any ofthe following rates: 010.01 Carbon monoxide: 100 tons per year ofcarbon monoxide; 010.02 Nitrogen oxides: 40 tons per year ofnitrogen oxides; Changes for December 2011 EQC are on pages 19-1,2; 19-7-9; 19-23; 19-27-30 and 19-33. 

### 19-7Title 129 Chapter 19 010.03 Sulfur dioxide: 40 tons per year ofsulfur dioxide; 010.04 Particulatematter (PM): 25 tons per year ofparticulate matter emISSIOns; 010.05**PMlO~** 15 tons per year 

### ef.I!M.w emissions; 010.06 PM 2.5: 10 tons per year ofdirect PM2.5 emissions; 40 tons per year ofsulfur dioxide emissions; 40 tons per year ofnitrogen oxide emISSIOns. 010.067 Ozone: For ozone, 40 tons per year ofvolatile organic compounds ornitrogen oxides; 010.0-18 Lead: 0.6 tons per year oflead; 010.0&9 Flouride: 3 tons per year offluorides; 010.0010 Sulfuric acid mist: 7 tons per year ofsulfuric acid mist; 010.HH Hydrogen sulfide (H2.sL 10 tons per year ofhydrogen sulfide 010.1+2 Total reduced sulfur compounds (including H2s.t 10 tons peryear oftotal reduced sulfur compounds (including H;>,St,- 010.1;63 Reduced sulfur compounds (including H2S,110 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 peryear (3.5 x 10-6 tons peryear). 010.145 Municipal waste combustermetals (measured as particulate matter): 14 megagrams per year (15 tons per year);

19-8 Changes for December 2011 EQC are on pages 19-1,2; 19-7-9; 19-23; 19-27-30 & 19-33.Title 129 Chapter 19 010.1.§.6 Fer-mMunicipal waste combuster acid gases (measured as sulfur dioxide and hydrogen chloride): 36 megagrams per year (40 tons per year); 010.1B7 Fer-mMunicipal solid waste landfills emissions (measured as nonmethane organic compounds): 45 megagrams per year (50 tons per year). 010.1-18 For anyregulated NSRpollutant not listed in sections 010.01 through 010.1B7: any increase is significant. 011 Actuals PALs. The term "Plantwide Applicability Limitations" (PAL) refers to an "actuals PAL" in the following sections. The Departmentmay approve a PAL in accordance with the following requirements: 011.01 A PAL may onlybe approved for an existing major stationary source. 011.02 The PAL shall impose an annual emission limitation in tons per yearthat is enforceable as a practical matter, for the entire major stationary source. For each month during the PAL effective period after the first 12 months ofestablishing a PAL, the major stationary source shall show that the sum ofthe 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 ofthepreceding monthly emissions from the PAL effective date for each emissions unit underthe PAL is less than the PAL. 011.03 Anyphysical change or change in the method ofoperation ofa 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 ofthe constructionpermit establishing the PAL: 011.03A Is not considered a majormodification for the PAL pollutant; and

Changes for December 2011 EQC are onpages 19-1,2; 19-7-9; 19-23; 19-27-30 and 19-33. 19-9

### Title·129 Chapter 19 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 ofthe PAL. 011.05 Permit application to establish a PAL. An owner or operator ofa major stationary source wishing to establish a PALmust submit to the Department the following**information~** 

### 01l.05A A list ofall emissions units at the source and each unit's designation as small, significant or majorbased on its PTE. 011.05B An indication ofwhich, ifany, Federal or State applicable requirements, emission limitations, or work practices apply to each unit and, ifany do so, whether such requirements, emission limitations, orwork practices were taken to comply with BACT. 01l.05C Calculations ofthe BAE with supporting documentation. 011.05D The calculationprocedures that the major stationary source owner or operatorproposes 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 by011.12. 011.06 The PAL shall be established in a construction permit in accordance with Chapter 17. The constructionpermit 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 orhave the potential to emit the PALpollutant at the major stationary source. 011.06B Each PAL shall regulate emissions ofonly one pollutant. 19-10 Changes for December 2011 EQC are onpages 19-1,2; 19-7-9; 19-23; 19-27-30 & 19-33.Title 129 Chapter 19 011.06C _Each PAL shall have an effectiveperiod of 10 years. 011.06D The owner or operator ofthe major stationary source with a PAL shall complywith the monitoring, recordkeeping, and reporting requirements provided in sections 011.12, 011.13, and 011.14 for each emissions unit under the PAL throughout the PAL effective period. 011.06E The PALpollutant and the applicable source-wide emissions limitation in tons per year. 011.06F The PAL effective date and expiration date. 011.06G Specification that ifthe owner or operator ofthe source with a PAL applies to renew a PAL in accordance with section 011.15 before the end ofthe PAL effective period, then the PAL shall not expire at the end ofthe PAL effective period. It shall remain in effect until a revised permit renewing the PAL is issued ordenied bythe 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 calculationprocedures 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-monthrolling 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.

Changes for December 2011 EQC are onpages 19-1,2; 19-7-9; 19-23; 19-27-30 and 19-33. 19-11Title 129 Chapter 19 011.06L A requirement to retain the records required under section 011.13 onsite. Such records mayberetained in an electronic format. 011.06M A requirement to submit the reports required under section 011.14 bythe required deadlines.!. 011.06N Atno time (during or after the PAL effective period) are emissions reductions ofa PALpollutant that occur during the PAL effectiveperiod creditable as decreases for purposes ofoffsets under Chapter 17, section 013.03, unless the level ofthe PAL is reduced by the amount ofsuch emissions reductions and such reductions would be creditable in the absence ofthe PAL 011.060 Any otherrequirements 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 ofthe BAE ofthe PAL pollutant for each emissions unit at the source; plus an amount equal to the applicable significant level for the PALpollutantunder section 010 orunder the Act, whichever is lower. Emissions associated with units that were permanently shut down after the 24-monthperiodused for the BAE mustbe subtracted from the PAL level. Emissions from units on which actual constructionbegan after the 24-monthperiod mustbe added to the PAL level in an amount equal to the PTE ofthe units. The Department shall specify a reduced PAL level in tons peryear in the constructionpermit establishing the PAL to become effective onthe future compliance date(s) ofany applicable Federal or State regulatoryrequirement(s) that the Department is aware ofpriorto issuance ofthe construction permit establishing the PAL. 011.08 During the PAL effectiveperiod, the Department is required to reopen the constructionpermit to:

19-12 Changes for December2011 EQC are onpages 19-1,2; 19-7-9; 19-23; 19-27-30 & 19-33.Title 129 Chapter 19 011.08A COlTect typographical or calculation elTors madein setting the PAL or to reflect a more accurate determination ofemissions used to establish the PAL. 011.08B Reduce the PAL ifthe owner or operator ofthe 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 otherrequirement, such as statute, rule, or court decision that is enforceable as a practical matter. 011.09C Reduce the PAL ifthe Department determines that a reduction is necessaryto avoid causing or contributing to a NAAQS orPSD increment violation, or to an adverse impact on an Air Quality Related Values (AQRV) that has been identified for a Federal Class I areaby a Federal Land Manager and for which information is available to the general public. 011.10 Except for the permitreopening to COlTect typographical elTors or calculation elTors that do not increase the PAL level, all reopenings shall be carried out in accordance withpublicparticipationprocedures in Chapter 14. 011.11 Increasing a PAL emission limitation during the PAL effective period.

Changes for December 2011 EQC are on pages 19-1,2; 19-7-9; 19-23; 19-27-30 and 19-33. 19-13Title 129 Chapter 19 011.11A A PAL emission limitation maybe increased during the PAL effectiveperiod only ifthe owner or operator ofthe major stationary source complies with the following: 011.11A 1 The owner or operator shall submit a complete construction permit application to request an increase in the PAL limit for a PALmajormodification. The application shall identifythe 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 ofthe BAE ofthe small emissions units, plus the sum oftheBAE ofthe significant and major emissions units (assuming application ofBACT equivalent controls), plus the sum ofthe allowable emissions of the new or modified emissions unites), exceeds the PAL. The level ofcontrol that would result from BACT equivalent controls on each significant ormajor 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 complywith a BACTrequirement that was established within thepreceding 10 years. In such a case, the assumed control level for that emissions unit shall be equal to the level ofBACT with whichthat emissions unit must currently comply. Oll.11A3 The owner or operatormust 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 complywith any emissions requirements resulting from the major PSD process, even though theyhave also become subject to the PAL or continue to be subject to the PAL.

19-14 Changes for December 2011 EQC are onpages 19-1,2; 19-7-9; 19-23; 19-27-30 & 19-33.

### Title 129 Chapter 19 011.11A4 The PALpermit shall require that the increased PAL level shall be effective on the day any emissions unit that is part ofthe PAL majormodification 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 ofthe BAE ofthe significant and major emissions units (assuming application ofBACT equivalent controls), plus the sum of the BAE ofthe small emissions units. 011.11C The constructionpermit 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 ofthe PAL pollutant in terms ofmass perunit oftime. Anymonitoring system authorized for a PAL must bebased on sound science and meet generally acceptable scientific procedures for data quality and manipulation. Additionally, the information generated by such system must meet minimum legal requirements for admissibility in ajudicial proceeding to enforce the permit that includes the PAL. Failure to use a monitoring system that meets the requirements ofsection 011.12 renders the PAL invalid. The PALmonitoring system must employ one ofthemonitoring approaches listed in sections 011.12A through 011.12D or an alternative approach approved bythe Department 01l.12A CEMS which meet the following**requirements~** 

### 01l.12Al CEMS must comply with applicable Performance Specifications found in 40 CFRpart 60, appendix B; and

Changes for December 2011 EQC are on pages 19-1,2; 19-7-9; 19-23; 19-27-30 and 19-33. 

### 19-15TItle 129 

### Chapter 19 011.12A2 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: 

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11.12B1 

### Any PEMS must be approved for usebythe Department in accordance with Chapter 34, section 009. 

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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 bythe Department, while the emissions unit is operating. 011.12C Emissions factors which meet the following**requirements~** 

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11.12C1 

### All emissions factors shall be adjusted, if appropriate, to account for the degree ofuncertainty or limitations in the factors' development; 011.12C2 The emissions unit shall operate within the designated range ofuse for the emissions factor ifapplicable; and 011.12C3 Iftechnicallypracticable, the owner or operator ofa 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~**



### 19-16 Changes for December 2011 EQC are on pages 19-1,2; 19-7-9; 19-23; 19-27-30 & 19-33.Title 129 Chapter 19 

## o 11.12D1 Provide a demonstrated means ofvalidating the published content ofthe PALpollutant 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 ofthe PAL pollutant that is contained in or created by any raw material or fuel used in or at the emissions unit, ifit cannot otherwise be accounted for in the process; and 011.12D3 Where the vendor ofa material or fuel, which is used in or at the emissions unit, publishes a range ofpollutant content from such material, the owner or operator must use the highest value ofthe range to calculate the PAL pollutant emissions unless the Department determines there is sitespecific data or a site-specific monitoringprogram to support another content within the range. 

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11.12E An owner or operatormust record and report maximum potential emissions without considering enforceable emission limitations or operational restrictions for an emissions unit during any period oftime that there is no monitoring data, unless another method for determining emissions during suchperiods is specified in the permit.!. 01l.12F Notwithstanding the requirements in sections 01l.12A through 011.12D, where an owner or operator ofan emissions unit cannot demonstrate a correlationbetween the monitored parameter(s) and the PALpollutant emissions rate at all operatingpoints ofthe emissions unit, the Department shall, at the time ofpermit**issuance~** 

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1l.12F1 Establish default value(s) for determining compliance with the PALbased on the highest potential emissions reasonably estimated at such operating point(s); or

Changes for December 2011 EQC are onpages 19-1,2; 19-7-9; 19-23; 19-27-30 and 19-33. 19-17Title 129 Chapter 19 011.12F2 Determine that operation ofthe emissions unit during operating conditions when there is no correlation between monitored parameter(s) and the PAL pollutant emissions is a violation ofthe PAL. 011.12G Re-validation. All data used to establish the PAL pollutant mustbere-validated through performance testing or other scientifically valid means approved bythe Department. Such testing must occur at least once every five years after issuance ofthe PAL. 011.13 Recordkeeping requirements. The construction permit which contains the PAL shall require the owner or operator to retain a copy ofall records necessary to determine compliance with anyrequirement ofsection 011 and ofthe PAL, including a determination ofeach emissions unit's 12- month rolling total emissions, for five years from the date ofsuch record. Such permit shall also require the owner or operator to retain a copy ofthe following records, for the duration ofthe PAL effective period plus five years:011.13A A copy ofthe permit application requesting a PAL and applications for revisions to the PAL; and 011.13B Each annual certification ofcompliance 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 ofthe end ofeach reporting period. This report shall contain the following**information~** 011.14A1 The identification ofthe owner or operator and the permit number.

19-18 Changes for December 2011 EQC are onpages 19-1,2; 19-7-9; 19-23; 19-27-30 & 19-33.

### Title 129 Chapter 19 011.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. 

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11.14A3 All data relied upon, includingbut not limited to, any quality assurance or quality control data, in calculating the monthly and annual PAL pollutant emissions. 

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11.14A4 A list ofany emissions units modified or added to the major stationary source during the preceding 6-month period. 011.14AS The number, duration, and cause ofany deviations or monitoring malfunctions (other than the time associated with zero and span calibration checks), and any conective action taken. 

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11.14A6 A notification ofa shutdown ofanymonitoring system, whether the shutdown was permanent ortemporary, 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 bythe monitoring system continued to operate, and the calculation ofthe emissions ofthe pollutant or the number determined bymethod included in the permit, as provided by section 011.12E. 011.14A7 A signed statementbythe responsible official certifying the truth, accuracy, and completeness ofthe informationprovided in the report-,- 011.14B Deviation report. The owner or operator shall promptly submit reports ofany deviations or exceedance ofthe PAL requirements, including periods where no monitoring is available. A report submitted pursuant to Chapter 8, section 004.03B including Changes for December 2011 EQC are on pages 19-1,2; 19-7-9; 19-23; 19-27-30 and 19-33. 

### 19-19Title 129 Chapter 19 time limits, shall satisfy this reporting requirement. The reports shall contain the following infonnation: 

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11.14B1 The identification ofthe owner or operator and the pennitnumber; 011.14B2 The PALrequirement that experienced the deviation or that was**exceeded~** 011.14B3 Emissions resulting from the deviation or the exceedance; and 011.14B4 A signed statementbythe responsible official certifying the truth, accuracy, and completeness ofthe infonnationprovided in the report. 

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11.l4C _Re-validation results. The owner or operator shall submit to the Department the results ofany re-validation test or method within 45 days after completion ofsuch test ormethod. 011.15 PAL Renewal. The owner or operator ofa source with a PAL may apply for PALrenewal no sooner that 18 months and no later than six months priorto the end ofthe PAL effectiveperiod. Ifthe owner or operator submits a complete application for renewal within this time period, the PAL shall continue to be effectiveuntil 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. 

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11.15C The sum ofthe PTE ofall emissions units under the PAL, with supporting documentation.

19-20 Changes for December 2011 EQC are onpages 19-1,2; 19-7-9; 19-23; 19-27-30 & 19-33.Title 129 Chapter 19 

## 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 anyrequest 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 maypropose a PAL level for the source for consideration bythe Department. 011.17 Adjusting the PAL at the time ofrenewal 011.17A Ifthe emissions level calculated in accordance with section 011.07 at the time ofrenewal is equal to or greater than 80 percent of the currentlypermitted PAL level, the Department mayrenew the PAL at the currentlypermitted level without considering the factors set forth in section 011.17B. 011.17B At the Department's discretion, it may set the PAL at a level that it determines to be more representative ofthe 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 bythe Department in its written rationale. 011.17C Notwithstanding the discretion allowed in sections 011.17A and 011.17B, 

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l1.17C1 Ifthe PTE ofthe source is less than the PAL, the Department shall adjust the PAL to a level no greater than the PTE ofthe source.

Changes for December 2011 EQC are on pages 19-1,2; 19-7-9; 19-23; 19-27-30 and 19-33. 19-21Title 129 Chapter 19 011.17C2 The Department shall not approve a renewed PAL level higher than the current PAL, unless the source has complied with the provisions ofsection 011.11. 011.17D Ifthe compliance date for a State orFederal requirement that applied to the PAL source occurs during the PAL effective period, and ifthe Departmenthas not already adjusted for such requirement, the PAL shall be adjusted at the time ofPAL renewal or operatingpennitrenewal which ever occurs first. 011.18 Expiration ofa PAL.AnyPAL that is not renewed in accordance with the procedures in section 011.15 shall expire at the end ofthe PAL effective period and the requirements in section 011.18 shall apply. Ifan application for PALrenewal is denied, the PAL shall expire on the date the application is denied and the requirements in section 011.18 shall apply: 011.18A Each emissions unit (or each group ofemissions units) that existed under the PAL shall comply with an allowable emissions limitation under a new constructionpennit 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, ifsuch a distribution is more appropriate as decided bythe Department) by distributing the PAL allowable emissions for the source among each ofthe emissions units that existed under the PAL. Ifthe PAL had not yet been adjusted for an applicable requirement that became effective during the PAL effectiveperiod, as required under section 011.17D, such distribution shall bemade as ifthe PAL had been adjusted. 

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11.18A2 The Department shall decide whether and how the PAL allowable emissions will be distributed and issue a constructionpennit incorporating allowable limits for each 19-22 Changes for December2011 EQC are on pages 19-1,2; 19-7-9; 19-23; 19-27-30 & 19-33.Title 129 Chapter 19 emissions unit, or each group ofemissions units, as the Department determines is appropriate. 011.18B Each emissions unites) shall comply with the allowable emissions limitation on a 12-monthrollingbasis. The Department may approve the use ofmonitoring 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 constructionpermit incorporating allowable limits for each emissions unit, or each group ofemissions units, as required under section 011.18A, the source shall continue to complywith a source-wide, multi-unit emissions cap equivalent to the level ofthe PAL emissions limitation. 

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11.18D Anyphysical change or change in the method ofoperation at the major stationary source will be subject to major PSD requirements ifsuch change meets the definition ofmajor modification in Chapter 1, section 076. 011.18E The major stationary source owner or operator shall continue to comply with any State orFederal applicable requirements that mayhave applied either during the PAL effective period orprior to the PAL effective period except for those emissions limitations that hadbeen established pursuant to section 024.02, but were eliminated bythe PAL in accordance with section 011.11. 012 Ambient air increments. For anyperiod otherthan an annual period listed below, the applicable maximum allowable increase maybe exceeded during one such period per year at anyone location. In any area ofthe state, increases in pollutant concentration overthe baseline concentration shall be limited to the following: 012.01 PM 2.5 annual arithmetic mean: 4 micrograms per cubic meter 012.02 PM2.5 24 hour maximum: 9 micrograms per cubic meter Changes for December 2011 EQC are on pages 19-1,2; 19-7-9; 19-23; 19-27-30 and 19-33. 19-23

### Title 129 Chapter 19 012.0+3 PM IO, 

### annual arithmetic mean: 17 micrograms per cubic meter**012.0~4** 

### PM IO, 

### 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 ofapollutant shall exceed: 013.01 The concentration permitted under the national secondary ambient air quality standard, or 013.02 The concentration permittedunder the national primary ambient air quality standard, whichever concentration is lowest for the pollutant for a period ofexposure. 014 Exclusions from increment consumption. The concentrations listed in sections 014.01 through 014.04 shall be excluded in determining compliance with a maximum allowable increase. No exclusions ofconcentrations referred to in sections 014.01 and 014.02 shall applymore 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 ofpetroleum products, natural gas, orbothbyreason ofan order in effect under section 2 (a) and (b) ofthe Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) overthe emissions from such sources before the effective date ofsuch an order.

19-24 Changes for December 2011 EQC are onpages 19-1,2; 19-7-9; 19-23; 19-27-30 & 19-33.Title 129 Chapter 19 014.02 Concentrations attributable to the increase in emissions from sources which have converted from using natural gas byreason ofnatural gas curtailmentplan in effectpursuant to the Federal PowerAct overthe emissions from such sources before the effective date ofsuch plan; 014.03 Concentrations ofparticulate matter attributable to the increase in emissions from construction or other temporary emission-related activities ofnew ormodified 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 ofpollutants under this chapter shall be in accordance with Chapter 16. 016 Exemptions for particular major stationary source or major modification. The requirements ofsections 017 through 024 shall not apply to a particular major stationary source or majormodification if: 016.01 The source ormajormodification would be a nonprofit health or nonprofit educational institution, or a major modification would occur at such an institution and the Governor ofthe State ofNebraska requests that it be exempt from those requirements; 016.02 The source or majormodification would be a major stationary source ormajormodification only iffugitive emissions, to the extent quantifiable, are considered in calculating the PTE ofthe stationary source or modification and the source does not belong to any ofthe categories listed in Chapter 2, sections 002.01 through 002.27. 016.03 The source ormajormodification is a portable stationary source which has previouslyreceived a permit under requirements equivalent to those in sections 017 through 024, if

Changes for December 2011 EQC are onpages 19-1,2; 19-7-9; 19-23; 19-27-30 and 19-33. 19-25Title 129 Chapter 19 016.03A The owner or operatorproposes to temporarilyrelocate 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 beviolated; and 016.03D Notice ofrelocation 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 ormajormodification with respect to a particularpollutant ifthe owner or operator demonstrates that, as to that pollutant, the source or majormodification is located in an area designated as nonattainment under section 107 ofthe 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 withrespect to a particularpollutant, ifthe allowable emissions ofthat pollutant from a new source, orthe net emissions increase ofthat pollutant from a majormodification, 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 ofa major stationary source that was in existence onMarch 1, 1978, ifthe net increase in allowable emissions of each regulated NSRpollutant from the modification after the application of BACT would be less than 50 tons per year.

19-26 Changes for December 2011 EQC are onpages 19-1,2; 19-7-9; 19-23; 19-27-30 & 19-33.

### Title 129 Chapter 19 016.07 The Department may exempt aproposed major stationary source or major modification from the requirements ofsection 020, with respect to monitoring for aparticularpollutant, if: 016.07A The emissions increase ofthepollutant from a new stationary source or the net emissions increase ofthe pollutant from a major modification would cause, in any area, air quality impacts less than the following amounts: 016.07A1 Carbonmonoxide

- 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; 016.07A45 Sulfurdioxide

- 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 berequired to perform an ambient impact analysis, including the gathering ofambient 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; Changes for December 2011 EQC are onpages 19-1,2; 19-7-9; 19-23; 19-27-30 and 19-33. 

### 19-27

### Title 129 Chapter 19

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 ofthe pollutant in the area that the source or major modification would affect are less than the concentrations listed in section 016.07A; or 016.07C The pollutant is not listed in section 016.07A. 016.08 Pennittingrequirements 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 ifthe owner or operator ofthe source or modification submitted an application for apennit under the applicable pennit program approved or promulgated under the Act before the provisions embodying the maximum allowable increase took effect as part ofthe plan and the Department subsequently detennined that the application as submitted before that date was complete. 016.09 Pennittingrequirements equivalent to those contained in section 018.01B shall not apply to a stationary source ormodification with respect to_any maximum allowable increase for PMlO 

### ifthe owner oroperator ofthe source or modification submitted an application for a pennitunder the applicable pennitprogram approved under the Act before the provisions embodying the maximum allowable increases for PMlO took effect as part ofthe 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

19-28 Changes for December 2011 EQC are on pages 19-1,2; 19-7-9; 19-23; 19-27-30 & 19-33.Title 129 Chapter 19 apply with respect to the maximum allowable increases for TSP as in effect on the date the application was submitted. 017 Control technologyreview. 017.01 A major stationary source or majormodification shall meet each applicable emissions limitation under the SIP and each applicable emission standard and standard ofperformanceunder Chapters 18 and 23. 017.02 A new major stationary source shall applybest available control technology (BACT) for each regulated NSRpollutant that it would have the potential to emit in significant amounts. 017.03 A majormodification 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 eachproposed emissions unit at which a net emissions increase in the pollutant would occur as a result ofa physical change or change in the method ofoperation in the unit. 017.04 Forphased construction projects, the determination ofBACT shall bereviewed and modified as appropriate at the earliest reasonable time which occurs no later than 18 months priorto commencement of construction ofeach independent phase oftheproject. At such time, the owner or operator ofthe applicable stationary source mayberequired to demonstrate the adequacy ofanyprevious determination ofBACT for the source. 018 Source impact analysis. 018.01 Required Demonstration. The owner or operator ofthe proposed source ormodification 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

Changes for December 2011 EQC are on pages 19-1,2; 19-7-9; 19-23; 19-27-30 and 19-33. 19-29Title 129 Chapter 19 018.01A 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. Forpurposes ofPMu)he demonstration required in section 018.01 ofthis chapter is deemed to have been made ifthe emissions increases ofthe 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 qualitymodels. 019.01 All applications ofair quality modeling referred to in Chapter 19 shall bebased onthe applicable models, data bases, and otherrequirements specified in 40 CFR 51, appendix W (Guideline on Air QualityModels). 019.02 Where an air qualitymodel specified in 40 CFR 51, appendix W (Guideline on Air Quality Models) is inappropriate, the model maybe modified or another model substituted. Such a modification or substitution ofa model maybemade on a case-by-casebasis or, where appropriate, on a generic basis adopted bythe Department. Written approval ofthe Administrator mustbe obtained for any modification or substitution. In addition, use ofa modified or substituted model mustbe subject to notice and opportunity for public comment underprocedures set forth in Chapter 14. 020 Air quality analysis. 020.01 Pre-application analysis.

19-30 Changes for December 2011 EQC are onpages 19-1,2; 19-7-9; 19-23; 19-27-30 & 19-33.

### Title 129 Chapter 19 020.0lA Any application for a major PSD pennit shall contain an analysis ofambient air quality in the area that the major stationary source or major modification would affect for each ofthe 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 anypollutant for which no NAAQS exists, the analysis shall contain such air qualitymonitoring data as the Department detennines is necessary to assess ambient air quality for that pollutant in any area that the emissions ofthat 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 ofdetennining whether emissions ofthat pollutant would cause or contribute to a violation ofthe standard or any maximum allowable Increase. 020.0lD The continuous air monitoring data that is required shall have been gathered over aperiod ofone year and shall represent the year preceding receipt ofthe application, except that, ifthe Department detennines that a complete and adequate analysis canbe accomplished with monitoring data gathered over aperiod shorter than one year (but not less than four months), the data that is required shall havebeen gathered over at least that shorterperiod. 020.0lE The owner or operator ofa proposed major stationary source or major modification ofvolatile organic compounds (VOCs) who satisfies all conditions ofChapter 17, section 013, mayprovide postChanges for December2011 EQC are on pages 19-1,2; 19-7-9; 19-23; 19-27-30 and 19-33. 

### 19-31Title 129 Chapter 19 approval monitoring data for ozone in lieu ofproviding preconstruction data as required under section 020.01. 020.02 Post-construction monitoring. The owner or operator ofa 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 ormajor modification mayhave, or are having, on air quality in any area. 020.03 Operation ofmonitoring stations. The owner or operator ofa major stationary source ormajormodification shall meet the requirements of40 CFR 58, Appendix B during the operation ofmonitoring stations for purposes ofsatisfying the requirements ofsection 020. 021 Source information. 021.01 The owner or operator ofa proposed source or majormodification 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 ofthe nature, location, design capacity, and typical operating schedule ofthe source ormajor modification, including specifications and drawings showing its design and plant layout; 021.01B A detailed schedule for construction ofthe source or major modification; 021.01C A detailed description as to what system ofcontinuous emission reduction is planned bythe source ormajormodification, emissions estimates, and any other information as necessary to determine that BACT as applicable would be applied.

19-32 Changes for December 2011 EQCareonpages 19-1,2; 19-7-9; 19-23; 19-27-30& 19-33.Title 129 Chapter 19 021.02 Upon request bythe Depmiment, the owner or operator shall also provide information on 021.02A The air qualityimpact ofthe source ormajormodification, including meteorological and topographical data necessary to estimate such impact; and 021.02B The air quality impacts and the nature and extent ofany 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 ofthe impairment to visibility, soils, and vegetation that would occur as a result ofthe source or modification and general commercial, residential, industrial, and other growth associated with the source ormajormodification. The owner or operator need not provide an analysis ofthe impact on vegetation having no significant commercial orrecreational value. 022.02 The owner or operator shall provide an analysis ofthe air quality impactprojected for the area as a result ofgeneral commercial, residential, industrial, and other growth associated with the source ormajor modification.

023 Notification to permit applicants and public 023.01 The Department shall determine ifa permit application is complete within 60 days after receipt ofthe application and so notify the applicant. If the Department determines that the application is Ret incomplete and additional information is necessary to evaluate or take final action onthe application, the Department mayrequest such information in writing and set a reasonable deadline for a response. The Department may determine that Changes for December2011 EQC are on pages 19-1,2; 19-7-9; 19-23; 19-27-30 and 19-33. 19-33Title 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 Ifthe Department does not detennine that the application is Ret incomplete, the application is automatically deemed to be complete 60 days after it was received bythe 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 orrelease the applicant from providing such infonnation. 023.03 Within one year after receipt ofa complete application, the Department shall make a preliminary detennination whether construction shouldbe approved, approved with conditions, or disapproved. 023.04 The Department shall provide opportunityto the public to submit comments orrequest a publichearing on everyPSD 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 ofa major PSD construction pennit shall not relieve any owner or operator ofthe responsibility to comply fully with applicable provisions ofthe SIP and any other requirements under local, state or Federal law. 024.02 At any time that a source ormodificationbecomes a major stationary source ormajor modification solelybyvirtue ofa relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity ofthe source ormodification otherwise to emit a pollutant, such as a restriction on hours ofoperation, then the requirements ofsections 016 through 024 shall apply to the source ormodification as though construction had not yet commenced onthe source or modification.

19-34 Changes for December 2011 EQC are on pages 19-1,2; 19-7-9; 19-23; 19-27-30 & 19-33.Title 129' Chapter 19 024.03 The following provisions apply to projects at existing emissions units at a major stationary source where the project is not a part ofa 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 oftheproject, the owner or operator shall document and maintain a record ofthe following information: 024.03A1 A description ofthe project; 024.03A2 Identification ofthe emissions unites) whose emissions ofa regulated NSRpollutant could be affected bythe project; and 024.03A3 The applicabilitytest used to detennine that the project is not a majormodification for any regulated NSR pollutant, including the BAE, the PAE, and any netting calculations ifapplicable. The owner or operatormust also include the amount ofemissions 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 PAE determination, and shall provide a copy ofthe information set out in section 024.03A to the Department. The owner or operator ofsuch a unit is not required to obtain any determination from the Department beforebeginning actual construction. 024.03C The owner or operator shall monitor the emissions ofany regulated NSRpollutant that could increase as a result ofthe project and that is emitted by any emissions unit identified in section 024.03A2 and calculate and maintain a record ofthe annual Changes for December 2011 EQC are on pages 19-1,2; 19-7-9; 19-23; 19-27-30 and 19-33. 19-35Title 129 Chapter 19 emissions, in tons per year on a calendar year basis, for a period of five years following resumption ofregular operations after the change, or for a period of 10 years following resumption ofregular operations after the change ifthe project increases the design capacity orpotential to emit ofthat regulated NSRpollutant at such emissions unit. 024.03D Ifthe 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 ofeach calendar year during which records mustbe generated under section 024.03C, setting out the unit's annual emissions during the calendar year that preceded submission ofthe report. 024.03E Ifthe unit is an existingunit other than an electric utility steam generating unit, the owner or operator shall submit a report to the Department ifthe annual emissions, in tons per year, from the project identified in section 024.03A exceed the BAE (as documented and maintainedpursuant 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 ofsuch calendar year. Thereport shall contain the following: 024.03E1 The name, address and telephone number ofthe 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, ifso, why.

19-36 Changes for December 2011 EQC are onpages 19-1,2; 19-7-9; 19-23; 19-27-30 & 19-33.Title 129 Chapter 19 024.03F A PSD construction permit is required for each unit with annual net emissions ofa regulated NSRpollutant exceeding the significant level listed in section 010 notwithstanding PAE 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 inspectionbythe Department or the general public pursuant to the requirements contained in Chapter 14. 025 Ifany provisions ofthis section, orthe application ofsuch provision to any person or circumstance, is held invalid, the remainder ofthis section, or the application ofsuch 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 ofEnvironmental Quality

Changes for December 2011 EQC are onpages 19-1,2; 19-7-9; 19-23; 19-27-30 and 19-33. 19-37NEBRASKA ADMINISTRATIVE CODE Title 129

- Department ofEnvironmental Quality Chapter 27

- HAZARDOUS AIR POLLUTANTS, MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY (MACT) 001 Notwithstanding any otherprovisions oftheseregulations, Sections 63.70 through 63.81 ofTitle 40 Code ofFederal Regulations (CFR) Part 63, Subpart D, effective December 29, 1992, pertaining to compliance extensions for early reductions, are hereby adopted and incorporated byreference. 002 Requirement for new, modified, orreconstructed sources ofhazardous air pollutants. A permit as required under section 001.01GH ofChapter 17 will be issued for construction, reconstruction, ormodification ofa source with the potential to emit anyhazardous air pollutant in an amount equal to orin excess of two and one-half(2.5) tons/year or more ofanyhazardous air pollutant or an aggregate often (10.0) tons/year ormore ofanyhazardous air pollutants onlyif best available control technology (BACT), as determined bythe Director, is applied for each hazardous air pollutant and the source will complywith all other requirements ofthese regulations. In no event shall application ofbest available control technologyresult in emissions ofanypollutant 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 ofhazardous air pollutants. A permit as required under section 001.01GH ofChapter 17 for construction orreconstruction ofa source with the potential to emit an amount equal to orin excess of 10 tons per year ofanyhazardous air pollutant or 25 tons peryear ormore ofany combination ofhazardous air pollutants, will onlybe issued ifmaximum achievable control technology (MACT), as determined bythe Director, is applied, and the source is required to comply with all other requirements ofthese regulations. 003.01 Forpurposes 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 incorporatedbyreference.

Changes for December 2011 EQC are on page 27-1. 27-1Title 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) ofthe Act. 005 Notwithstanding any otherprovisions oftheseregulations, Sections 63.50 through 63.56 ofTitle 40 Code ofFederal 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 emissionunits subject to case-by-case determination ofequivalent emission limitations, are hereby adopted and incorporated byreference. 006 This section is reserved for requirements to be established under Section 1I2(r) oftheAct. Enabling Legislation: Neb. Rev. Stat. §§81-1504(1)(2); 81-1505(12)(16) Legal Citation: Title 129, Ch. 27, Nebraska Department ofEnvironmental Quality

27-2 Changes for December 2011 EQC are onpage 27-1.