NEBRASKA ADMINISTRATIVE CODE

Title 129 – Department of Environmental Quality

Chapter 15 – PERMIT REVISIONS; REOPENING FOR CAUSE

15-1

001 Administrative permit amendments.

001.01 An "administrative permit amendment" is a permit revision that:

001.01A Corrects typographical errors;

001.01B Identifies a change in the name, address, or telephone number of 

any person identified in the permit, provided that the owner or operator of the 

source is not changed;

001.01C Requires more frequent monitoring or reporting by the permittee; 

001.01D Allows for a change in ownership or operational control of a source 

where the Department determines that no other change in the permit is 

necessary, provided that a written agreement containing a specific date for 

transfer of permit responsibility, coverage, and liability between the current 

and new permittee has been submitted to the Department; or

001.01E For PAL permits only, corrects both typographical and calculation 

errors. 

001.02 A permittee may request the Department to make an administrative 

permit amendment in writing by specifying the section of the permit that is to be 

changed and the reason for the change.

001.03 The source may implement the changes addressed in the request 

immediately upon submittal of the request, subject to the Department's final action 

on the request under 001.04.

001.04 The Department shall take no more than 60 days from receipt of a 

request for an administrative permit amendment to take final action on such 

request, and may incorporate such changes into the permit without providing 

notice to the public, EPA, or affected States.

001.05 For Class I and PSD construction permits only, the Department shall 

submit a copy of the revised permit to the Administrator of EPA.
Title 129

Chapter 15

15-2

001.06 If the Department determines that the permittee's request for an 

administrative permit amendment should be handled as a minor revision or other 

permit revision, the Department shall notify the permittee of this determination and 

proceed with such revision pursuant to the applicable procedures.

001.07 The permit shield described in Chapter 8, section 014, shall not apply to 

administrative permit amendments. 

002 Permit revisions to the acid rain portion of a Class I permit shall be governed by 

Chapter 26.

003 Minor Permit Revisions

003.01 The minor permit revision procedures of this section may be used only for 

those operating permit revisions that:

003.01A Do not violate any applicable requirement or applicable 

requirement under the Act;

003.01B Do not involve significant changes to existing monitoring, 

reporting, or recordkeeping requirements in the permit;

003.01C Do not require or change a case-by-case determination of an 

emission limitation or other standard, including a BACT or MACT 

determination or a plantwide applicability limitation (PAL), or a sourcespecific determination for temporary sources of ambient impacts, or a 

visibility or increment analysis;

003.01D Do not seek to establish or change a permit term or condition for 

which there is no corresponding applicable requirement or applicable 

requirement under the Act and that the source has assumed to avoid an 

applicable requirement to which the source would otherwise be subject. 

Such terms and conditions include:

003.01D1 A federally enforceable emissions cap assumed to avoid 

classification as a modification under Chapters 18, 23, 27, or 28; and

003.01D2 An alternative emissions limit approved pursuant to 

Chapters 27 or 28;

003.01E Do not relate to a change within a permitted facility that:

003.01E1 Is defined as a modification under Chapters 18, 23, 27, or 

28;

003.01E2 Requires a construction permit under Chapter 17 or 

Chapter 19.
Title 129

Chapter 15

15-3

003.01F Is not required by the Director to be processed as a significant 

revision; and

003.01G Involve the use of economic incentives, marketable permits, 

emissions trading, and other similar programs or procedures provided that 

such minor permit revision procedures are explicitly allowed for in an 

applicable State implementation plan or in an applicable requirement or 

applicable requirement under the Act.

003.02 The minor permit revision procedures of this section may be used for 

construction permit revisions provided the following conditions are met:

003.02A No emission limit in the original construction permit is exceeded.

003.02B No applicable requirement included in an operating permit to which 

the source is subject is violated.

003.02C No emissions limit, equipment or operational standard applicable 

to the source will be exceeded.

003.02D No emissions limit, equipment or operational standard assumed to 

avoid a classification that would render the source subject to an otherwise 

applicable requirement will be exceeded; and

003.02E The nature of the constructed facility will be consistent with that 

described in the original public notice materials.

003.03 A permittee may request a minor permit revision by submitting a request 

to the Department in writing that includes the following:

003.03A A description of the change, the emissions resulting from the 

change, and any new applicable requirements or applicable requirements 

under the Act that will apply if the change occurs;

003.03B The source's suggested draft permit language. 

003.03C Certification by a responsible official, in accordance with Chapter 

7, section 008, for operating permits or Chapter 17, section 004 for 

construction permits, that the proposed revision meets the criteria in section 

003.01 or 003.02 above for use of minor revision procedures and a request 

that such procedures be used;

003.03D For Class I operating permit revisions only, one (1) original and 

one (1) copy of the completed applications and information identified in 

003.03A through 003.03C above for use by the Department to notify the 

Administrator of EPA and affected States.
Title 129

Chapter 15

15-4

003.04 For Class I operating permit revisions only, within five working days of 

receipt of a complete minor permit revision application, the Department shall notify 

the Administrator of EPA and affected States of the requested permit revision.

003.04A Affected States shall have 30 days to review and provide 

comments on the complete permit revision application. The Department 

shall provide notice to the Administrator of EPA and any affected State in 

writing of any refusal by the Department to accept all recommendations that 

the affected State has submitted.

003.04B EPA shall have 45 days to review and comment on the complete 

permit revision application. The Department shall not issue a final permit 

revision until after EPA's 45 day review period or until EPA has notified the 

Department that EPA will not object to issuance of the permit revision, 

whichever is first. 

003.05 Within 90 days of the Department's receipt of an application under the 

minor permit revision procedures or 15 days after the end of EPA's 45 day review 

period, whichever is later, the Department shall:

003.05A Issue the permit revision as proposed;

003.05B Deny the permit revision application;

003.05C Determine that the requested revision does not meet the minor 

permit revision criteria in 003.01 or 003.02 above and should be reviewed 

under the significant revision procedures; or

003.05D For Class I operating permits only, revise the draft permit revision 

and transmit the new proposed permit revision to EPA for review as required 

in 003.04B above.

003.06 A source submitting a complete minor operating permit revision request 

may immediately make the proposed change after it submits the application unless 

notified by the Department that the request does not qualify as a minor permit 

revision. After the source makes the change, and until the Department takes 

action under 003.05A through 003.05C above, the source must comply with both 

the applicable requirements and applicable requirements under the Act governing 

the change and the proposed permit terms and conditions. If the source fails to 

comply with its proposed permit terms and conditions during this interim period, 

the existing permit terms and conditions the source seeks to revise may be 

enforced and such failure to comply shall be cause for denial of the minor permit 

revision request.

003.07 The permit shield described in Chapter 8, 014, shall not apply to a minor 

permit revision.
Title 129

Chapter 15

15-5

004 Group processing of minor operating permit revisions.

004.01 The Director, at his or her discretion, may modify the minor permit 

revision procedures in 003 above to process groups of a source's applications for 

certain revisions eligible for minor permit revision procedures.

004.02 Group processing of revisions may only be used for those permit 

revisions:

004.02A That meet the criteria for minor permit revision procedures under 

003 above; and

004.02B That collectively are below the following threshold level: 10 

percent of the emissions allowed by the permit for the emissions unit for 

which the change is requested, 20 percent of the applicable definition of 

major source for purposes of Class I permitting, or five tons per year, 

whichever is less.

004.03 A permittee may request the use of group processing procedures in this 

section by submitting the application forms for a Class I or Class II operating 

permit, identified in 003.03, and shall include the following:

004.03A A description of the change, the emissions resulting from the 

change, and any new applicable requirements or applicable requirements 

under the Act that will apply if the change occurs;

004.03B The source's suggested draft permit language;

004.03C Certification by a responsible official, in accordance with Chapter 

7, section 008, that the proposed revision meets the criteria for use of group 

processing procedures and a request that such procedures be used;

004.03D A list of the source's other pending applications awaiting group 

processing, and a determination of whether the requested revision, 

aggregated with these other applications, equals or exceeds the threshold 

set under 004.02B above;

004.03E For Class I permit revisions only, one (1) original and (1) copy of 

completed forms for use by the Department to notify the Administrator of 

EPA and affected States.

004.03E1 Within five (5) working days of receipt of a complete

application for the group processing of a source's minor permit revision 

requests, the Department shall notify the Administrator of EPA and 

affected States of the request for group processing.
Title 129

Chapter 15

15-6

004.03E2 Affected States shall have 30 days to review and comment 

on the request. The Department shall notify EPA and any affected 

State in writing of any refusal by the Department to accept all 

recommendations for the proposed permit revision that the affected 

State has submitted.

004.03E3 EPA shall have 45 days to review and comment on 

requests for group processing of minor permit revisions. The 

Department shall not issue a final permit revision until after EPA's 45 

day review period or until EPA has notified the Department that EPA 

will not object to issuance of the permit revision, whichever is first.

004.04 Within 180 days of receipt of the application for group processing of 

minor permit revisions or 15 days after the end of the EPA's 45 day review period, 

whichever is later, the Director shall:

004.04A Issue the permit revision as proposed;

004.04B Deny the permit revision application;

004.04C Determine that the requested permit revision does not meet the 

criteria for group processing in 004.02 and should be reviewed under the 

significant revision procedures; or

004.04D Revise the draft permit revision and, for Class I operating permit 

revisions only, transmit to the Administrator of EPA the new proposed Class I 

permit revision as required by 004.03E3 above.

004.05 A source submitting a complete request for group processing of minor 

permit revisions may make the change proposed immediately after it files the 

application unless notified by the Department that the request does not qualify as 

a minor permit revision. After the source makes the change, and until the 

Department takes action under 004.04A through 004.04C above, the source must 

comply with both the applicable requirements and applicable requirements under 

the Act governing the change and the proposed permit terms and conditions. If 

the source fails to comply with its proposed permit terms and conditions during this 

interim period, the existing permit terms and conditions the source seeks to revise 

may be enforced and such failure to comply shall be cause for denial of the minor 

permit revision request.

004.06 The permit shield described in Chapter 8, section 014, shall not apply to 

group processed minor permit revisions.

005 Significant Permit Revisions.

005.01 A "significant permit revision" is any revision or change to a permit that 
Title 129

Chapter 15

15-7

cannot be accomplished as an administrative permit amendment or as a minor 

permit revision. Any relaxation in existing monitoring, reporting, or recordkeeping 

shall be considered significant. 

005.02 A permittee may request a significant permit revision by submitting the 

application forms and information in accordance with Chapter 7 for operating 

permit revisions or Chapter 17, section 014, for construction permit revisions.

005.03 The Department shall review an application for a significant permit

revision following the applicable procedures for permit issuance, including public 

participation, EPA and affected States review.

005.04 For operating permits only, the permit shield described in Chapter 8, 

section 014, shall apply to a significant permit revision only after the Director 

approves the permit revision, provided that the permit contains a permit shield.

006 Reopening for cause; revocation and reissuance; and termination.

006.01 Any operating or construction permit issued by the Director shall be 

reopened, revoked and reissued or terminated, during its term for cause, including 

but not limited to: 

006.01A Additional applicable requirements under the Act or the State Act 

become applicable to a source holding a Class I or Class II operating permit 

with a remaining permit term of 3 or more years. Such reopening shall be 

completed not later than 18 months after promulgation of the applicable 

requirement. No such reopening is required if the effective date of the 

requirement is later than the date on which the permit is due to expire, unless 

the original permit or any of its terms and conditions has been extended.

006.01B Additional requirements, including excess emissions requirements, 

become applicable to an affected source under the acid rain program under 

Chapter 26.

006.01C The Director, or the Administrator of EPA determines that the 

permit must be revoked and reissued to assure compliance with the 

applicable requirements. 

006.01D The Director, or the Administrator of EPA, determines that the 

permit contains a material mistake or that inaccurate statements were made 

in establishing the emissions standards or other terms or conditions of the 

permit.

006.01E The Director, or the Administrator of EPA, determines that an 

applicable requirement or applicable requirement under the Act applies which 

was not identified by the permittee in its application.
Title 129

Chapter 15

15-8

006.02 A permit may be revoked during its term for cause, including but not 

limited to:

006.02A The existence at the source of unresolved noncompliance with 

applicable requirements or a term or condition of the permit, and refusal of 

the permittee to agree to an enforceable schedule of compliance to resolve 

the noncompliance;

006.02B The permittee has falsely certified or submitted false, incomplete, 

or misleading information to the Department or EPA;

006.02C The Director determines that the permitted source or activity 

endangers human health or the environment and that the danger cannot be 

removed by a revision of the permit; or

006.02D The permittee has failed to pay a penalty owed pursuant to a court 

order, stipulation and agreement, or an order issued by the Administrator of 

EPA.

006.03 The Department shall initiate a reopening or revocation under 006.01 or 

006.02 above by providing a notice of intent to the permittee 30 days in advance of 

the date that the permit is to be reopened, unless the Director determines that an 

emergency exists which necessitates a shorter time period. Proceedings to 

reopen and issue a permit shall follow the same procedures as apply to initial 

permit issuance and shall affect only those parts of the permit for which cause to 

reopen exists. 

006.04 If the Department receives a notification from the Administrator of EPA 

that a Class I operating permit should be reopened for cause pursuant to this 

section, the Department shall, within 90 days of receipt of such notification, 

forward to EPA a proposed determination of revision, or revocation and 

reissuance, as appropriate. 

006.05 If the Administrator of EPA does not object to the Department's 

determination under 006.04 above within 90 days, the Department shall proceed 

as indicated. 

006.06 If the Administrator of EPA objects to the Department's determination to 

revise, revoke, or reissue the permit under 006.04 above within 90 days, the 

Department shall have an additional 90 days from receipt of EPA's objection 

during which the Department may take the action to terminate, revise, or revoke 

and reissue the permit in accordance with the EPA's objection.

006.07 If the Department fails to take action as stated in any EPA objection 

under 006.06, the permit may be subject to action by the Administrator of EPA.
Title 129

Chapter 15

15-9

007 Changes allowed for Class I and Class II operating permits only:

007.01 A permittee may make the following changes within a permitted facility

without a permit revision, if: the change is not a modification under Chapters 18, 

23, 27, or 28; the change does not require a construction permit under Chapters 

17 or 19; and the change does not result in the emissions allowable under the 

permit (whether expressed therein as a rate of emissions or in the terms of total 

emissions) being exceeded, provided that the facility provides the Director with 

written notification a minimum of seven (7) days in advance of the proposed 

changes, unless the Director determines a shorter timeframe is necessary for 

emergency reasons. The permit shield described in Chapter 8, section 014, shall 

not apply to any change made under this section.

007.01A Changes in the configuration of the facility’s equipment, defined 

as “Section 502(b) (10) changes” in Chapter 1, provided that the written 

notification required by 007.01 above includes:

007.01A1 A brief description of the change within the permitted 

facility;

007.01A2 The date on which the change will occur;

007.01A3 Any change in emissions; and,

007.01A4 Any permit term or condition that is no longer applicable as 

a result of the change.

007.01B Trading of increases and decreases in emissions in the permitted 

facility, where the applicable implementation plan provides for such 

emissions trades without requiring a permit revision, provided that the written 

notification required in 007.01 above includes such information as may be 

required by the provision in the applicable implementation plan authorizing 

the emissions trade, including at a minimum:

007.01B1 When the proposed change will occur;

007.01B2 A description of each such change;

007.01B3 Any change in emissions;

007.01B4 The regulatory provisions and permit requirements with 

which the source will comply using the emissions trading provisions of 

the applicable implementation plan; and,

007.01B5 The pollutants emitted subject to the emissions trade.

007.01C Trading of emissions increases and decreases in the permitted 
Title 129

Chapter 15

15-10

facility solely for the purpose of complying with a federally-enforceable 

emissions cap that has been established in the permit pursuant to Chapter 8, 

section 019, provided that the written notification required above shall 

include:

007.01C1 When the change will occur,

007.01C2 A description of the changes in emissions that will result, 

and

007.01C3 How these increases and decreases in emissions will 

comply with the terms and conditions of the permit.

007.01D For Class I sources, the written notifications above shall also be 

submitted to the Administrator of EPA.

007.01E Notwithstanding any other part of this rule, the director may, upon 

review of a notice submitted in accordance with 007.01, require a source to 

apply for an operating permit if the change does not meet the requirements 

of section 007.01.

007.02 A permittee may make changes within a permitted facility without a 

permit revision, if the change is not: a modification under Chapters 18, 23, 27, or 

28; the change is not a change which would require a construction permit under 

Chapters 17 or 19, provided that:

007.02A Each such change shall meet all applicable requirements and 

shall not violate any existing permit term or condition;

007.02B The source shall provide contemporaneous written notice to the 

Director of each such change, except for changes that qualify as insignificant 

activities under the provisions of Chapter 7, sections 006.03 and 006.04. 

Such written notice shall describe each change; include the date the change 

will be made; describe any change in emissions; list the pollutants emitted;

and list any applicable requirement that would apply as a result of the 

change, including terms and conditions established in the relevant operating 

permit for synthetic minor purposes;

007.02B1 For Class I sources, the written notice required above shall

also be provided contemporaneously to the Administrator of EPA.

007.02C Any change under section 007.02 shall not qualify for a permit 

shield under Chapter 8, section 014; and,

007.02D The permittee shall keep a record describing changes made at 

the source that result in emissions of a regulated air pollutant subject to an 
Title 129

Chapter 15

15-11

applicable requirement, but not otherwise regulated under the permit, and the 

emissions resulting from those changes.

007.02E Notwithstanding any other part of this rule, the director may, upon 

review of a notice submitted in accordance with 007.02B, require a source to 

apply for an operating permit if the change does not meet the requirements 

of section 007.02.

008 No permit revision shall be required, under any State-approved programs 

providing for economic incentives, marketable permits, emissions trading or other 

similar programs or processes for change that are provided for in the permit.

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

Legal Citation: Title 129, Ch. 15, Nebraska Department of Environmental Quality