NEBRASKA ADMINISTRATIVE CODE

Title 129 - Department of Environmental Quality

Chapter 1 - DEFINITIONS

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

Appendices. Unless otherwise defined, or a different meaning is clearly required by 

context, the following words and phrases, as used in this Title, shall have the following 

meanings:

001 "Act" means the Clean Air Act, as amended (42 U.S.C. 7401 et seq.).

002 “Actual emissions” for purposes other than the Prevention of Significant 

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

emissions unit as determined below:

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

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

preceding year and which is representative of normal source operation. The 

Director shall allow the use of a different time period upon a determination that it is 

more representative of normal source operation. Actual emissions shall be 

calculated using the unit's actual operating hours, production rates, existing control 

equipment, and types of materials processed, stored, or combusted during the 

selected time period.

002.02 The Director may presume that the source-specific allowable emissions 

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

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

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

date.

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

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

emissions unit as determined in accordance with sections 003.01 through 003.03

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

increase has occurred, or for establishing a Plantwide Applicability Limitation (PAL) 

under Chapter 19, section 011. Instead, “baseline actual emissions” and “projected 

actual emissions” shall apply for those purposes.
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003.01 In general, actual emissions as of a particular date shall equal the average 

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

consecutive 24-month period which precedes the particular date and which is 

representative of normal source operation. The Director shall allow the use of a 

different time period upon a determination that it is more representative of normal 

source operation. Actual emissions shall be calculated using the unit's actual 

operating hours, production rates, existing control equipment, and types of 

materials processed, stored, or combusted during the selected time period.

003.02 The Director may presume that the source-specific allowable emissions 

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

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

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

date.

004 “Actuals PAL” for a major stationary source means a Plantwide Applicability 

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

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

005 "Administrator" means the Administrator of the United States Environmental 

Protection Agency or his or her designee.

006 "Affected facility" means, with reference to a stationary source, any apparatus to 

which a standard of performance is specifically applicable.

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

008 "Affected States" means all States that:

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

Missouri, South Dakota, and Wyoming, and in the judgment of the Director may be 

affected by emissions from a facility seeking a Class I permit, modification, or 

renewal; or

008.02 Are a contiguous State within 50 miles of the permitted source.

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

limitations under Chapter 26.
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010 "Air contaminant" or "Air contamination" means the presence in the outdoor 

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

particulate substance differing in composition from or exceeding in concentration the 

natural components of the atmosphere.

011 “Air curtain incinerator” means an incinerator that operates by forcefully projecting 

a curtain of air across an open chamber or pit in which combustion occurs. Incinerators 

of this type can be constructed above or below ground and with or without refractory 

walls and floor.

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

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

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

the conduct of business. 

013 "Air pollution control agency" means any of the following:

013.01 The Department designated by statute as the official state air pollution 

control agency for purposes of Neb. Rev. Stat. Sections 81-1501 to 81-1532;

013.02 An agency established by two or more states and having substantial 

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

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

any city, county, or other local government in which there is an agency other than 

the health authority charged with responsibility for enforcing ordinances or laws 

relating to the prevention and control of air pollution, such other agency; or

013.04 An agency of two or more municipalities located in the same state or in 

different states and having substantial powers or duties pertaining to the 

prevention and control of air pollution.

014 “Air Quality Control Region” means a region designated by the Governor, with the 

approval of the Administrator, for the purpose of assuring that national primary and 

secondary ambient air quality standards will be achieved and maintained. Within one 

year after the promulgation of a new or revised National Ambient Air Quality Standard, 

the Governor must designate each region as non-attainment, attainment, or 

unclassifiable. The Administrator must approve the designations.

015 "Allowable emissions" means
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015.01 For a stationary source, the emissions rate of a stationary source 

calculated using the maximum rated capacity of the source (unless the source is 

subject to federally enforceable limits which restrict the operating rate, or hours of 

operation, or both) and the most stringent of the following:

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

of Performance for New Stationary Sources) or Parts 61 or 63 (National 

Emission Standards for Hazardous Air Pollutants);

015.01B Any applicable State Implementation Plan emissions limitation 

including those with a future compliance date; or 

015.01C The emissions rate specified as a federally enforceable permit 

condition, including those with a future compliance date.

015.02 For a Plantwide Applicability Limitation (PAL), the definition is the same as 

in section 015.01 except as this definition is modified according to sections 

015.02A and 015.02B:

015.02A The allowable emissions for any emissions unit shall be 

calculated considering any emission limitations that are enforceable as a 

practical matter on the emissions unit’s potential to emit.

015.02B An emissions unit’s potential to emit shall be determined using the 

definition in section 116 except that the words “or enforceable as a practical 

matter” should be added after “federally enforceable”.

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

the general public has access.

017 “AP-42” refers to the Compilation of Air Pollutant Emission Factors, published by 

the EPA Office of Air Quality Planning and Standards. It contains emission factors and 

process information for more than 200 air pollution source categories.

018 "Applicable requirement" means all of the following as they apply to emissions 

units in a source required to obtain an operating permit, including requirements that 

have been promulgated and approved by the Council through rule-making at the time of 

issuance but have future-effective compliance dates:
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018.01 Any standard or other requirement provided for in the applicable 

implementation plan that implements the relevant requirements of the Act, 

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

018.02 Any term or condition of any construction permits;

018.03 Any standard or other requirement under Chapter 18 relating to standards 

of performance for new stationary sources;

018.04 Any standard or other requirement established pursuant to Section 113 of 

the Act and regulations adopted by the Council in Chapters 23, 27 and 28 relating 

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

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

26;

018.06 Any requirements established under Chapter 31 or pursuant to any permit 

or order issued by the Director under this Title;

018.07 Any standard or other requirement governing solid waste incineration 

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

by the Council;

018.08 Any standard or other requirement for consumer and commercial products 

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

Council;

018.09 Any standard or other requirement for tank vessels established under 

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

018.10 Any standard or other requirement to protect stratospheric ozone as 

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

Council; and

018.11 Any national ambient air quality standard or increment or visibility 

requirement under the Prevention of Significant Deterioration Program as defined 

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

Chapter 10.
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018.12 “Applicable requirements under the Act” means federal regulations 

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

considered and adopted by the Council.

019 "Area source" means:

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

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

more particularly defined by National Emission Standards for Hazardous Air 

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

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

commercial, or industrial fuel combustion operation; on-site waste disposal facility,

vessels, or other transportation facilities; or other miscellaneous sources, as 

identified through inventory techniques approved by the Director.

019.03 Area source shall not include motor vehicles or nonroad vehicles.

020 “Baseline actual emissions” has the definition given to it in Chapter 19, section 

005.

021 “Baseline area” means any intrastate area (and every part thereof) designated as 

attainment or unclassifiable under section 107(d)(1) (A)(ii) or (iii) of the Act in which the 

major source or major modification establishing the minor source baseline date would 

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

date is established, as follows: equal to or greater than one (1) microgram per cubic 

meter (annual average) for SO2, NO2, or PM10 ; or equal to or greater than 0.3 

micrograms per cubic meter (annual average) for PM2.5.

022 “Baseline concentration” means that ambient concentration level that exists in the 

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

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

minor source baseline date is established and shall include:

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

sources in existence on the applicable minor source baseline date, except as 

provided in section 022.02; and
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022.01B The allowable emissions of major stationary sources that 

commenced construction before the major source baseline date, but were 

not in operation by the applicable minor source baseline date.

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

affect the applicable maximum allowable increase(s):

022.02A Actual emissions from any major stationary source on which 

construction commenced after the major source baseline date; and

022.02B Actual emissions increases and decreases at any stationary 

source occurring after the minor source baseline date.

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

construction activities on an emissions unit which are of a permanent nature. Such 

activities include, but are not limited to, installation of building supports and foundations, 

laying of underground pipework, and construction of permanent storage structures. With 

respect to a change in method of operating this term refers to those on-site activities 

other than preparatory activities which mark the initiation of the change.

024 "Best Available Control Technology" or “BACT”:

024.01 For purposes of the Prevention of Significant Deterioration (PSD) program 

as defined in Chapter 1 means an emissions limitation (including a visible 

emissions standard) based on the maximum degree of reduction for each 

regulated NSR pollutant which would be emitted from any proposed major 

stationary source or major modification which the Director, on a case-by-case 

basis, taking into account energy, environmental, and economic impacts and other 

costs, determines is achievable for such source or modification through application 

of production processes or available methods, systems, and techniques, including 

fuel cleaning or treatment or innovative fuel combination techniques for control of 

such pollutant. In no event shall application of best available control technology 

result in emissions of any pollutant which would exceed the emissions allowed by 

any applicable standard under 40 CFR parts 60 and 61. If the Director determines

that technological or economic limitations on the application of measurement 

methodology to a particular emissions unit would make the imposition of an 

emissions standard infeasible, a design, equipment, work practice, operational 

standard or combination thereof, may be prescribed instead to satisfy the 

requirement for the application of best available control technology. Such standard 

shall, to the degree possible, set forth the emissions reduction achievable by 
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implementation of such design, equipment, work practice or operation, and shall 

provide for compliance by means which achieve equivalent results.

024.02 For purposes other than the PSD program, means an emission limitation 

or a design, equipment, work practice, operational standard or combination 

thereof, which results in the greatest degree of reduction of a pollutant, as 

determined by the Director to be achievable by a source, on a case-by-case basis, 

taking into account energy, public health, environmental and economic impacts 

and other costs.

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

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

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

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

common control). Pollutant-emitting activities shall be considered as part of the same 

industrial grouping if they belong to the same "Major Group" (i.e. which have the same 

two-digit code) as described in the Standard Industrial Classification Manual, 1987.

026 "Building, structure, facility, or installation", for purposes of the Prevention of 

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

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

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

common control) except the activities of any vessel. Pollutant-emitting activities shall be 

considered as part of the same industrial grouping if they belong to the same "Major 

Group" (i.e. which have the same two-digit code) as described in the Standard Industrial 

Classification Manual, 1987.

027 "Class I operating permit" means any permit or group of permits covering a Class 

I source that is issued, renewed, amended, or revised pursuant to this Title.

028 "Class I source" means any source subject to the Class I permitting requirements 

of Chapter 5.

029 "Class II operating permit" means any permit or group of permits covering a Class 

II source that is issued, renewed, amended, or revised pursuant to this Title.

030 "Class II source" means any source subject to the Class II permitting 

requirements of Chapter 5.
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031 “Clean lumber” means wood or wood products that have been cut or shaped and 

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

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

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

032 “CO2 equivalent emissions (CO2e)” shall represent an amount of greenhouse 

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

amount of emissions, in tons per year (tpy), for each of the six greenhouse gases in the 

pollutant GHGs, by each of the gas’s associated global warming potential (see definition 

for “Global Warming Potential”).

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

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

approvals and either has:

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

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

033.02 Entered into binding agreements or contractual obligations, which cannot 

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

undertake a program of construction of the source to be completed within a 

reasonable time.

034 “Complete” means, in reference to an application for a permit, that the application 

contains all the information necessary for processing the application. Designating an 

application complete for purposes of permit processing does not preclude the 

Department from requesting or accepting any additional information.

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

(including fabrication, erection, installation, demolition, or modification of an emissions 

unit) which would result in a change in actual emissions (a change in “emissions” for the 

Prevention of Significant Deterioration Program).

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

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

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

037 “Continuous emissions monitoring system (CEMS)” means all of the equipment 

that may be required to meet the data acquisition and availability requirements of this 
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section, to sample, condition (if applicable), analyze, and provide a record of emissions 

on a continuous basis.

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

equipment required for the determination and recording of the pollutant mass emissions 

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

039 “Continuous parameter monitoring system (CPMS)” means all of the equipment 

necessary to meet the data acquisition and availability requirements of the Prevention of 

Significant Deterioration program, to monitor process and control device operational 

parameters (for example, control device secondary voltages and electric currents) and 

other information (for example, gas flow rate, O2 or CO2 concentrations), and to record 

average operational parameter value(s) on a continuous basis.

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

land, or water pollution.

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

or to prevent exceeding those standards. 

042 "Council" means the Environmental Quality Council.

043 "Department" means the Department of Environmental Quality.

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

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

as evidenced by a certificate of representation submitted in accordance with Subpart B 

of 40 CFR part 72, to represent and legally bind each owner and operator, as a matter 

of federal law, in matters pertaining to the Acid Rain Program. Whenever the term 

"responsible person" is used in this Title, it shall be deemed to refer to the "designated 

representative" with regard to all matters under the Acid Rain Program.

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

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

the monitoring.

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

her designee.
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047 “Draft permit” means the version of a permit for which the permitting authority 

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

State review.

048 “Electric utility steam generating unit” means any steam electric generating unit 

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

electric output capacity and more than 25 MW electrical output to any utility power 

distribution system for sale. Any steam supplied to a steam distribution system for the 

purpose of providing steam to a steam-electric generator that would produce electrical 

energy for sale is also considered in determining the electrical energy output capacity of 

the affected facility.

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

engineering practice stack height.

050 "Emission data" means chemical analysis of process fuel and the manufacturing 

or production process, as well as operational procedures and actual nature and 

amounts of emissions.

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

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

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

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

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

continuous emission reduction.

052 "Emissions allowable under the permit" means a federally enforceable permit term 

or condition determined at issuance to be required by an applicable requirement that 

establishes an emissions limit (including a work practice standard) or a federally 

enforceable emissions cap that the source has assumed to avoid an applicable 

requirement to which the source would otherwise be subject.

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

would have the potential to emit any regulated air pollutant (“regulated NSR pollutant” 

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

listed in Appendix II. This term includes electric steam generating units. This term is not 

meant to alter or affect the definition of the "unit" for purposes of Chapter 26.

053.01 For purposes of the Prevention of Significant Deterioration (PSD) 

program, there are two types of emissions units:
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053.01A 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

053.01B An existing emissions unit is any emissions unit that does not meet 

the requirements in 053.01A above.

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

contaminant or combination thereof.

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

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

056 “Federal Land Manager” means, with respect to any lands in the United States, 

the Secretary of the department with authority over such lands. 

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

any applicable State Implementation Plan, any permit requirements established in any 

permit issued pursuant to this Title, and any requirements in Chapters 18 and 23, 27, or 

28 which are enforceable by the Administrator.

058 "Final permit" means the version of a permit issued by the Department that has 

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

Chapter 13.

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

components of a source.

060 "Fuel burning equipment" means any furnace, boiler, apparatus, stack and all 

associated equipment, used in the process of burning fuel.

061 "Fugitive dust" means solid airborne particulate matter emitted from any source 

other than a flue or stack.

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

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

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

requirements of Chapter 9.
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064 “Global Warming Potential” means the ratio of the time-integrated radiative forcing 

from the instantaneous release of one kilogram of a trace substance relative to that of 

one kilogram- of a reference gas, i.e., CO2. The pollutant greenhouse gases (GHGs) is 

adjusted to calculate CO2 equivalence using “Table A-1 – Global Warming Potentials” at 

40 CFR 98, Subpart A, as published at 74 Federal Register 56395 on October 30, 

2009.

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

group of six gases: carbon dioxide (CO2), nitrous oxide (N20), methane (CH4), 

hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6).

066 "Hazardous air pollutant" means any air pollutant:

066.01 listed in Appendix II; or

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

judgment of the Director may cause, or contribute to, an increase in mortality or an 

increase in serious irreversible, or incapacitating reversible, illness.

067 “High terrain” means any area having an elevation 900 feet or more above the 

base of the stack of a source.

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

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

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

069 “Indian Governing Body” means the governing body of any tribe, band, or group of 

Indians subject to the jurisdiction of the United States and recognized by the United 

States as possessing power of self-government. 

070 “Indian Reservation” means any federally recognized reservation established by 

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

071 “Innovative control technology” means any system of air pollution control that has 

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

of achieving greater continuous emissions reduction than any control system in current 

practice or of achieving at least comparable reductions at lower cost in terms of energy, 

economics, or non-air quality environmental impacts.
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072 “Insignificant activities” refers to activities and emissions that may be excluded 

from reporting for operating permit applications and/or emissions inventories. Emissions 

exempted from reporting requirements must still be included in the determination of 

whether a source must obtain a Class I or Class II operating permit. 

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

does not apply to the Prevention of Significant Deterioration program. See “Building, 

structure, facility, or installation”)

074 "Interstate air pollution control agency" means:

074.01 An air pollution control agency established by two or more states; or

074.02 An air pollution control agency of two or more political subdivisions located 

in different states.

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

state agency, which is charged with responsibility for carrying out part of a plan.

076 “Low emitter” refers to a facility that has a potential to emit any regulated pollutant 

above the major source threshold (Class I operating permit level), but has actual 

emissions below the levels requiring a Class II operating permit.

077 “Low terrain” means any area other than high terrain.

078 "Lowest Achievable Emission Rate (LAER)" means, for any source, the more 

stringent emission rate from either:

078.01 The most stringent emission limitation contained in the implementation 

plan of any state for such class or category of sources (as adopted by the Council) 

unless the owner or operator of the proposed source demonstrates that such 

limitations are not achievable; or

078.02 The most stringent emission limitation which is achieved in practice by 

such class or category of source and adopted by the Council. These limitations, 

when applied to a modification, mean the lowest achievable emissions rate for the 

new or modified emissions units within the stationary source. In no event shall the 

application of this term permit a proposed new or modified stationary source to 

emit any pollutant in excess of the amount allowable under an applicable new 

source standard of performance.
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079 “Major emissions unit” means:

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

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

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

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

PAL pollutant as defined by the Act for nonattainment areas.

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

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

increase of a regulated NSR pollutant and a significant net emissions increase of that 

pollutant from the major stationary source.

080.01 Any significant emissions increase from any emissions units or net

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

organic compounds or NOx shall be considered significant for ozone.

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

080.02A Routine maintenance, repair and replacement; 

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

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

Coordination Act of 1974 (or any superseding legislation) or by reason of a 

natural gas curtailment plan pursuant to the Federal Power Act;

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

section 125 of the Act;

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

that the fuel is generated from municipal solid waste;

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

which:

080.02E1 The source was capable of accommodating before 

December 21, 1976, unless such change would be prohibited under 

any federally enforceable permit condition, which was established after 

December 21, 1976, pursuant to the Prevention of Significant 

Deterioration Program as defined in Chapter 1; or
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080.02E2 The source is approved to use under any permit issued 

under regulations approved pursuant to the Prevention of Significant 

Deterioration Program as defined in Chapter 1;

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

unless such change would be prohibited under any federally enforceable 

permit condition, which was established after December 21, 1976, pursuant 

to the Prevention of Significant Deterioration Program as defined in Chapter 

1; or

080.02G Any change in ownership at a stationary source.

080.02H The installation, operation, cessation, or removal of a temporary 

clean coal technology demonstration project, provided that the project 

complies with:

080.02H1 The State implementation plan for the State in which the 

project is located; and

080.02H2 Other requirements necessary to attain and maintain the 

national ambient air quality standards during the project and after it is 

terminated.

080.02I The installation or operation of a permanent clean coal technology 

demonstration project that constitutes repowering, provided that the project 

does not result in an increase in the potential to emit of any regulated 

pollutant emitted by the unit. This exemption shall apply on a pollutant-bypollutant basis.

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

generating unit.

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

pollutant when the major stationary source is complying with the requirements 

under Chapter 19 for a PAL for that pollutant. Instead, the definition of “PAL major 

modification” shall apply.

081 “Major source baseline date” means, in the case of PM10 and sulfur dioxide, 

January 6, 1975, in the case of nitrogen dioxide, February 8, 1988, and, in the case of 

PM2.5, October 20, 2010.
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082 "Major stationary source" or "major source" means any source identified in 

Chapter 2.

083 “Maximum achievable control technology” or (MACT)” means:

083.01 For new sources, the emission limitation reflecting the maximum degree of 

reduction in hazardous air pollutant emissions that is deemed achievable, which is 

no less stringent than the emission limitation achieved in practice by the best 

controlled similar source.

083.02 For existing sources, the emission limitation reflecting the maximum 

degree of reduction in hazardous air pollutant emissions that the Director, taking 

into consideration the cost of achieving such emission reductions, and any non-air 

quality health and environmental impacts and energy requirements, determines is 

achievable by sources in the category or subcategory, which is no less stringent 

than the average emission limitation achieved by the best performing 12 percent of 

the existing sources, as determined pursuant to section 112(d)(3) of the Act.

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

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

085 “Method 22” refers to a visual determination of fugitive emissions from material 

sources and smoke emissions from flares as defined in 40 CFR 60, Appendix A-7.

086 "Minor source" means any source which is not defined as a major source in 

Chapter 2.

087 “Minor source baseline date” means the earliest date after the trigger date on 

which a major stationary source or a major modification subject to the Prevention of 

Significant Deterioration Program, as defined in Chapter 1, submits a complete permit 

application. The trigger date is, in the case of PM10 and sulfur dioxide, August 7, 1977, 

in the case of nitrogen dioxide, February 8, 1988, and in the case of PM2.5, October 20,

2011. Any minor source baseline date established originally for the TSP increments 

shall remain in effect and shall apply for purposes of determining the amount of 

available PM10 increments, except that the Department may rescind any such minor 

source baseline date where it can be shown, to the satisfaction of the Department, that 

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

from the major modification, responsible for triggering that date did not result in a 

significant amount of PM10 emissions.
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The baseline date is established for each pollutant for which increments or other 

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

modification would construct is designated as attainment or unclassifiable under section 

107(d)(1)(A)(ii) or (iii) of the Act for the pollutant on the date of its complete application 

under 40 CFR 52.21 or to regulations approved pursuant to 40 CFR 51.166 or to 

Chapter 19; and, in the case of a major stationary source, the pollutant would be 

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

significant net emissions increase of the pollutant.

088 “Mobile source” means a motor vehicle, nonroad engine, or nonroad vehicle. A 

motor vehicle is a self-propelled vehicle designed for transporting persons or property 

on a street or highway. A nonroad vehicle is a vehicle powered by a nonroad engine. A 

nonroad engine is an internal combustion engine that is not used in a motor vehicle or a 

vehicle used solely for competition, or that is not subject to standards promulgated 

under section 111 or section 202 of the Act.

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

an affected facility which increases the amount of any air pollutant, except that:

089.01 Routine maintenance, repair, and replacement (except as defined as 

reconstruction) shall not be considered physical changes; and

089.02 An increase in the production rate or hours of operation shall not be 

considered a change in the method of operation, unless such change would 

violate a permit condition.

090 "National standard" means either a primary or a secondary standard established 

pursuant to the Act.

091 "Necessary preconstruction approvals or permits" means those permits or 

approvals required under federal air quality control laws and regulations and those air 

quality control laws and regulations which are part of the applicable State 

Implementation Plan.

092 "Net emissions increase" means the following:

092.01 With respect to any regulated NSR pollutant emitted by a major stationary 

source, the amount by which the sum of the following exceeds zero:
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092.01A The increase in emissions from a particular physical change or 

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

pursuant to the Prevention of Significant Deterioration Program as defined in 

Chapter 1; and

092.01B Any other increases and decreases in actual emissions at the 

major stationary source that are contemporaneous with the particular change 

and are otherwise creditable. Baseline actual emissions for calculating 

increases and decreases shall be determined as provided in Chapter 19, 

section 005 except that sections 005.05 and 005.06 shall not apply.

092.01C An increase or decrease in actual emissions is contemporaneous 

with the increase from the particular change only if it occurs between the 

date five years before the source begins actual construction of the project 

and the date that the increase from the project occurs.

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

092.02A It occurs within the contemporaneous period as defined in section 

092.01C; and

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

under regulations approved pursuant to 40 CFR 51.165, which permit is in 

effect when the increase in actual emissions from the particular change 

occurs.

092.03 An increase or decrease in actual emissions of sulfur dioxide, particulate 

matter, or nitrogen oxides that occurs before the applicable minor source baseline 

date is creditable only if it is required to be considered in calculating the amount of 

maximum allowable increases remaining available.

092.04 An increase in actual emissions is creditable only to the extent that the 

new level of actual emissions exceeds the old level.

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

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

emissions, whichever is lower, exceeds the new level of actual emissions;
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092.05B It is enforceable as a practical matter at and after the time that 

actual construction on the particular change begins;

092.05C The Director has not relied on it in issuing any permit under 

regulations in the State Implementation Plan approved pursuant to 40 CFR 

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

progress; and

092.05D It has approximately the same qualitative significance for public 

health and welfare as that attributed to the increase from the particular 

change.

092.06 An increase that results from a physical change at a source occurs when 

the emissions unit on which construction occurred becomes operational and 

begins to emit a particular pollutant. Any replacement unit that requires 

shakedown becomes operational only after a reasonable shakedown period, not to 

exceed 180 days.

092.07 Section 002.01 shall not apply for determining creditable increases and 

decreases.

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

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

Nebraska or the federal government prescribing a standard of performance which will 

be applicable to such source.

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

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

as an area exceeding any National Ambient Air Quality Standard. 

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

rays of light and causes obstruction of an observer's view.

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

of combustion resulting from such fires are emitted directly into the ambient air without 

passing through an adequate stack, duct, or chimney.

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

supervises a stationary source.
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098 “PAL effective date” generally means the date of issuance of the PAL permit. 

However, the PAL effective date for an increased Plantwide Applicability Limitation 

(PAL) is the date any emissions unit that is part of the PAL major modification becomes 

operational and begins to emit the PAL pollutant.

99 “PAL effective period” means the period beginning with the PAL effective date and 

ending 10 years later.

100 “PAL major modification” means, notwithstanding the definitions of “major 

stationary source” and “major modification”, any physical change in or change in the 

method of operation of the Plantwide Applicability Limitation (PAL) source that causes it 

to emit the PAL pollutant at a level equal to or greater than the PAL.

101 “PAL permit” means the construction permit issued by the Department that 

establishes a Plantwide Applicability Limitation (PAL) for a major stationary source.

102 “PAL pollutant” means the pollutant for which a Plantwide Applicability Limitation 

(PAL) is established at a major stationary source.

103 "Particulate matter" means any airborne finely divided solid or liquid material with 

an aerodynamic diameter smaller than 100 micrometers.

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

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

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

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

State Implementation Plan.

105 "Performance test" means measurements of emissions or other procedures used 

for the purpose of determining compliance with a standard of performance conducted in 

accordance with approved test procedures.

106 "Permit program costs" means all reasonable (direct and indirect) costs required 

to develop and administer an air operating permit program, as set forth in Neb. Rev. 

Stat. §81-1505.04.

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

meets the requirements of Chapter 15.

108 "Permitting authority" means the Department of Environmental Quality.
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109 "Person" means any individual partnership; limited liability company; association; 

public or private corporation; trustee; receiver; assignee; agent; municipality or other 

governmental subdivision; public agency; other legal entity; or any officer or governing 

or managing body of any public or private corporation, municipality, governmental 

subdivision, public agency, or other legal entity.

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

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

111 “Plantwide applicability limitation (PAL)” means an emission limitation expressed 

in tons per year, for a pollutant at a major stationary source, that is enforceable as a 

practical matter and established source-wide in accordance with Chapter 19, section 

011.

112 "PM10" 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 "PM10 emissions" means finely divided solid or liquid material, with an 

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

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

alternative method, specified by the United States Environmental Protection Agency or 

by a test method specified in an approved State Implementation Plan.

114 Reserved.

115 “Pollution prevention” means any activity that through process changes, product 

reformulation or redesign, or substitution of less polluting raw materials, eliminates or 

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

to the environment prior to recycling, treatment, or disposal; it does not mean recycling 

(other than certain “in-process recycling” practices), energy recovery, treatment, or 

disposal.

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

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

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

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

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

the effect it would have on emissions is federally enforceable. Secondary emissions do 

not count in determining the potential to emit of a stationary source. This term does not 
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alter or affect the use of this term for any other purposes under the Act, or the term 

"capacity factor" as used in Chapter 26.

117 “Predictive emissions monitoring system (PEMS)” means all of the equipment 

necessary to monitor process and control device operational parameters (for example, 

control device secondary voltages and electric currents) and other information (for 

example, gas flow rate, O2 or CO2 concentrations), and calculate and record the mass 

emissions rate (for example, lb/hr) on a continuous basis.

118 “Prevention of Significant Deterioration Program (PSD) program” means a major

source preconstruction permit program that has been approved by the Administrator 

and incorporated into the plan to implement the requirements of 40 CFR 51.166 or 40 

CFR 52.21. Any permit issued under such a program is a major NSR permit.

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

identified in Chapter 4.

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

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

or other air contaminant.

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

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

but liquid and gaseous fuels and combustion air will not.

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

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

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

for a period that covers a complete operation or an integral number of cycles divided by 

the number of hours of actual process operation during such a period. Where the 

nature of any process or operation, or the design of any equipment, is such as to permit 

more than one interpretation of this definition, the interpretation that results in the 

minimum value for allowable emission shall apply.

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

existing major stationary source.

124 “Projected actual emissions” has the definition given to it in Chapter 19, section

006.
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125 "Proposed Class I operating permit" means the version of a permit that the 

Department proposes to issue and forwards to the Administrator for review.

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

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

plan or may reasonably be required by the Director for the purpose of ensuring 

attainment of the applicable ambient air quality standard by the applicable date.

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

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

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

be made in accordance with the provisions of 40 CFR 60.15(f)(1)-(3). A reconstructed 

source will be treated as a new stationary source. In determining best available control 

technology or lowest achievable emission rate for a reconstructed source, the 

provisions of 40 CFR 60.15(f)(4) shall be taken into account in assessing whether a 

standard of performance under 40 CFR Part 60 is applicable to such source.

128 "Region" means:

128.01 An air quality control region designated by the Administrator; or

128.02 Any area designated by the State as an air quality control region.

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

Administrator.

130 "Regulated air pollutant" means the following:

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

Chapter;

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

promulgated;

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

130.04 Any pollutant subject to a standard or other requirements established in 

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

130.04A Any pollutant subject to requirements under Chapter 27, 005; and
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130.04B Any pollutant for which the requirements relating to construction, 

reconstruction, and modification in Chapter 27, 003, have been met, but only 

with respect to the individual source subject to these requirements.

130.05 Greenhouse gases (GHGs) as follows:

0130.05A Beginning July 1, 2011, the GHGs emissions are at a stationary 

source emitting or having the potential to emit 100,000 tons CO2e or more.

131 “Regulated NSR pollutant” means the following:

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

promulgated and any constituents or precursors for such pollutants identified by 

the Administrator. Precursors for the purpose of NSR are the following:

131.01A Volatile organic compounds and nitrogen oxides are precursors to 

ozone in all attainment and unclassifiable areas.

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

attainment and unclassifiable areas.

131.02 Any pollutant that is subject to any standard promulgated under section 

111 of the Act;

131.03 Any Class I or II substance subject to a standard promulgated under or 

established by title VI of the Act; or

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

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

added to the list pursuant to section 112(b)(2) of the Act, which have not been 

delisted pursuant to section 112 (b)(3) of the Act, are not regulated NSR pollutants 

unless the listed hazardous air pollutant is also regulated as a constituent or 

precursor of a general pollutant listed under section 108 of the Act.

131.05 Greenhouse gases (GHGs) as follows:

131.05A Beginning January 2, 2011:

131.05A1 The stationary source is a new major stationary source for 

a regulated NSR pollutant that is not GHGs, and also will emit or will 

have the potential to emit 75,000 tons per year CO2e or more; or
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131.05A2 The stationary source is an existing major stationary 

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

have an emissions increase of a regulated NSR pollutant, and an 

emissions increase of 75,000 tons per year CO2e or more; and

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

131.05A:

131.05B1 The stationary source is a new stationary source that will 

emit or have the potential to emit 100,000 tons per year CO2e or more;

or

131.05B2 The stationary source is an existing stationary source that 

emits or has the potential to emit 100,000 tons per year CO2e or more, 

when such stationary source undertakes a physical change or change 

in the method of operation that will result in an emissions increase of 

75,000 tons per year CO2e or more.

131.05C The term emissions increase as used in 131.05A and 131.05B

shall mean that both a significant emissions increase (as calculated in 

Chapter 19, section 008) and a significant net emissions increase (as defined 

in Chapter 1, section 092 and Chapter 19, section 010) occur. For the 

pollutant GHGs, an emissions increase shall be based on tons per year 

CO2e, and shall be calculated assuming the pollutant GHGs is a regulated 

NSR pollutant, and “significant” is defined as 75,000 tons per year CO2e 

instead of applying the value in Chapter 19, section 010.18.

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

in this chapter, except for the following:

132.01 Carbon monoxide;

132.02 Particulate matter, excluding PM10;

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

or II substance subject to a standard promulgated under or established by Title VI 

of the Act and regulations adopted by the Council; or
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132.04 Any pollutant that is a regulated air pollutant solely because it is subject to 

a standard or regulation promulgated under Section 112(r) of the Act and 

regulations adopted by the Council.

132.05 Greenhouse gases (GHGs)

133 "Renewal" means the process by which a permit is reissued at the end of its term.

134 “Replacement unit” means an emissions unit for which all the criteria listed in this 

definition are met. No creditable emission reductions shall be generated from shutting 

down the existing unit that is replaced.

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

“reconstruction” as defined in Chapter 1, or the emissions unit completely takes 

the place of an existing emissions unit.

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

emissions unit.

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

process unit.

134.04 The replaced emissions unit is permanently removed from the major 

stationary source, otherwise permanently disabled, or permanently barred from 

operation by a permit that is enforceable as a practical matter. If the replaced unit 

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

135 "Responsible official" means one of the following:

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

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

performs similar policy or decision-making functions for the corporation, or a duly 

authorized representative of such person if the representative is responsible for 

the overall operation of one or more manufacturing, production, or operating 

facilities applying for or subject to a permit and either:

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

sales or expenditures exceeding $25 million (in second quarter 1980 dollars); 

or
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135.01B The delegation of authority to such representatives is approved in 

advance by the permitting authority;

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

proprietor, respectively;

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

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

a principal executive officer of a Federal agency includes the chief executive 

officer having responsibility for the overall operations of a principal geographic unit 

of the agency (e.g., a Regional Administrator of EPA); or

135.04 For affected sources:

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

requirements, or prohibitions under Chapter 26 are concerned; and

135.04B The designated representative for any other purposes under the 

Title V program.

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

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

construction or operation of a major stationary source or major modification but do not 

come from the major stationary source or major modification itself. Secondary 

emissions must be specific, well defined, quantifiable, and impact the same general 

area as the stationary source or modification which causes the secondary emissions. 

Secondary emissions include emissions from any offsite support facility which would not 

be constructed or increase its emissions except as a result of the construction or 

operation of the major stationary source or major modification. Secondary emissions do 

not include any emissions which come directly from a mobile source, such as emissions 

from the tailpipe of a motor vehicle, from a train, or from a vessel.

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

identified in Chapter 4.

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

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

revision if the changes are not modifications under any provision of Title I of the Act and 

the changes do not exceed the emissions allowable under the permit. The facility must 
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provide the Department with written notification of the proposed changes at least 7 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 rates 

(“Significant” for purposes of the Prevention of Significant Deterioration Program is 

defined in Chapter 19):

Pollutant and Emission Rate

Carbon monoxide: 100 tons per year (tpy)

Nitrogen oxides: 40 tpy

Sulfur dioxide: 40 tpy

Particulate matter: 25 tpy

PM10: 15 tpy

PM2.5: 10 tpy

Ozone: 40 tpy of volatile organic compounds or nitrogen oxides

Lead: 0.6 tpy

Fluorides: 3 tpy

Sulfuric acid mist: 7 tpy

Hydrogen sulfide (H2S): 10 tpy

Total reduced sulfur (including H2S): 10 tpy

Reduced sulfur compounds (including H2S): 10 tpy

Municipal waste combustor organics (measured as total tetra- through octachlorinated dibenzo-p-dioxins and dibenzofurans): 3.2x10-6 megagrams per 

year (3.5x10-6 tons per year)Municipal waste combustor metals (measured as 

particulate matter): 14 megagrams per year (15 tons per year)
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Municipal waste combustor acid gases (measured as sulfur dioxide and 

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

Municipal solid waste landfill emissions (measured as nonmethane organic 

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

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

section 008.

142 “Significant emissions unit” means an emissions unit that emits or has the 

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

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

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

as defined in section 079.

143 “Small emissions unit” means an emissions unit that emits or has the potential to 

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

as defined in section 140 or in the Act, whichever is lower.

144 "Solid waste" has the definition given to it in section 81-1502 (26) of the Nebraska

Environmental Protection Act.

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

pollution.

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

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

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

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

the composition of a pollutant sample.

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

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

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

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

entered into binding agreements or contractual obligations which could not be cancelled 

or modified without substantial loss to the owner or operator, to undertake a program of 

construction of the stack to be completed in a reasonable time.
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149 "Stack height" means the distance from the ground level elevation of a stack to 

the elevation of the stack outlet.

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

reflects the degree of emission limitation achievable through the application of the best 

system of emission reduction which (taking into account the cost of achieving such 

reduction) the Director determines has been adequately demonstrated.

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

facility.

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

interstate association, or statewide program.

153 "State Act" means the Nebraska Environmental Protection Act, Neb. Rev. Stat. 

§81-1501 through §81-1532, as amended.

154 "Stationary source" means any building, structure, facility, or installation which 

emits or may emit any air pollutant subject to regulation under this Title.

155 “Synthetic minor” refers to a facility that has a potential to emit any regulated 

pollutant above the major source threshold (Class I operating permit level), but has 

taken federally enforceable limits to keep potential emissions below the major source 

threshold, but above the minor source threshold.

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

Administrator for purposes of Title V of the Act.

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

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

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

method described in Appendix B of 40 CFR Part 50.

159 “UTM coordinates” refer to the Universal Transverse Mercator Coordinate (UTM) 

system, which provides coordinates on a world wide flat grid. The UTM coordinate 

system divides the world into 60 zones, each being six degrees longitude wide and 

extending from 80 degrees south latitude to 84 degrees north latitude. The first zone 

starts at the International Date Line and proceeds eastward.
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160 "Volatile organic compound (VOC)" means any compound of carbon, excluding 

carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and 

ammonium carbonate, which participates in atmospheric photochemical reactions. 

VOC includes any such organic compound other than the compounds listed in 40 CFR 

51.100(s)(1) and (5), effective July 1, 2013, which have been determined to have 

negligible photochemical reactivity.

161 “Wood waste” means untreated wood and untreated wood products, including tree 

stumps (whole or chipped), trees, tree limbs (whole or chipped), bark, sawdust, chips, 

scraps, slabs, millings, and shavings.

162 “Yard waste” means grass, grass clippings, bushes, shrubs, and clippings from 

bushes and shrubs. They come from residential, commercial/retail, institutional, or 

industrial sources as part of maintaining yards or other private or public lands.

Legal Citation: Title 129, Ch. 1, Nebraska Department of Environmental Quality