Dave Heineman Governor 

### STATE OF NEBRASKA
DEPARTMENT OF ENVIRONMENTAL QUALITY Michael J. Linder Director Suite 400, The Atrium 1200 'N' Street P.O. Box 98922 Lincoln, Nebraska 68509·8922 Phone (402) 471-2186

FAX (402) 471·2909 website: www.deq.state.ne.us 

# MEMORANDUM

To: Jon Bruning, Attorney General From: Shelley Kaderly, Air QualityDivision Administrator

## ~**~** 

# fzDate: July 8, 2008 RE: Title 129

- Nebraska Air Quality Regulations, Concise Explanatory Statement for Rules Adopted at the July 2008 EQC Hearing SHORT DESCRIPTION: OnJuly 1,2008, the Nebraska Environmental Quality Council (EQc) adopted the changes to Title 129 as explained in this document. These changes are being submitted to you for review and approval. The changes will (a) repeal the annual National Ambient Air Quality Standard (NAAQS) for PM IO which was revoked byEPA in December 2006, and adopt the new NAAQS for PM2.5 which was issued byEPA in December 2006; (b) repeal rules related to regulation ofmercury emissions from electric utilities; (c) repeal rules related to the Maximum Achievable Control Technology (MACT) standard for boilers; (d) repeal othervacated MACT standards; (e) repeal the "CISWI Definitions Rule" oftheNew Source Performance Standard (NSPS) for Commercial and Industrial Solid Waste Incineration (CISWI) units; (f) repeal other vacated New SourcePerformance Standards; (g) update New Source Performance Standards; (h) update the Code ofFederal Regulations (CFR) reference for MACT standards; and (i) adopt recently issued MACT standards. RATIONALE: In December 2006, the U.S. Environmental Protection Agency (EPA) revoked the annual National Ambient Air Quality Standard (NAAQS) for PM IO . At the same time, EPA issued a new, lower NAAQS for PM2.5. The standard was lowered from 65 to 35 micrograms per cubicmeter 24 hour average. Wepropose to remove the obsolete standard for PM IO and adopt the new standard for PM2.5 to be consistent with federal standards. On February 8, 2008, the United States Court ofAppeals for the District ofColumbia Circuit vacated the federal Clean Air Mercury Rule (CAMR).1 Rules adopted bythe EQC

I NewJersey v. E.P.A., F.3d, 2008 WL 341338 C.A.D.C., 2008.

An Equal Opportunit!iA!!irmative Action Empl oyer @ Printed with soy ink on recycled paper**~**in August 2007 essentially adopted CAMRbyreference. For that reason, we now propose to repeal the rules adopted in August 2007 relating to control ofmercury emissions. New rules issued bythe United States Environmental Protection Agency (EPA) to regulate mercury emissions are likely to be very different from the vacated rules. Given the direct incorporation byreference ofthe now vacated CAMRrule, it is also unlikelythat NDEQ could practically implement these Title 129 rules as adopted in August 2007. On June 8, 2007, the same court vacated the MACT standard for certain boilers and the "CISWI Definitions Rule" ofthe New Source Perfonnance Standard for Commercial and Industrial Solid Waster Incinerators (CISWI).2 Therefore, the MACT standard for boilers is proposed for repeal. Weproposeto adopt the CISWI rule as it was issued in 2000 prior to the issuance ofthe CISWI Definitions Rule in 2005. On March 13,2007, the D.C. Circuit Court vacated the MACT standards for Plywood ad CompositeWood Products Surface Coating, for Brick and Structural ClayProducts, and for Clay Ceramic Products. These are also proposed for repeal. Finally, wepropose to adopt byreference several recently issued MACT standards and update the reference for other previously adopted MACT standards to July 1, 2007 to remain current with the federal rules. A list ofthe changes incorporated bythe CFRupdate is attached to this memorandum. ANALYSIS OF IMPACT: The impact ofthe several repeals ofrules is to make the state rules in Title 129 consistent with federal rules so there is not confusion between the federal and state requirements. The impact ofadopting the new PM2.5 standard is to bring state rules into compliance with the new federal standard which is more stringent that the current standard in Title 129. A state air qualityrule maybemore stringent than a federal rule, but may not be less stringent. The impact ofupdating theNSPS rules in Chapter 18 is, again, to bring state rules into compliance with current federal rules. The impact ofadopting MACT
. standards in Chapter 28 is that Nebraska DEQ assumes authority to enforce compliance with these standards should subject sources become operational in Nebraska. At the publichealing before the EQC onJuly 1,2008, a letter from Joshua Tapp ofthe EPA Region 7 Air Planning and Development Branch was entered as testimony which suggested that the EQC consider retaining the annual PM10 standard that EPA revoked in December 2006. TheNDEQ responded with EPA's own explanation published in the Federal Register as to why the annual PM10 standard was no longer needed. The EQC adopted the repeal ofthe annual PM10 standard from Title 129 as NDEQ had proposed. There were no other comments offered other than thosebyNDEQ staff. SECTION-BY-SECTION DESCRIPTION: Chapter4, 001.01: Repeal the annual standard for PMIO to be consistent with the current National Ambient Air Quality Standard for PMIO. ThePMIO annual NAAQS was revoked byEPA on December 18, 2006.

2 Natural Resources Defense Council v. E.P.A, 489 F.3d, 1250 C.AD.C. 2007.
2Chapter4, 001.02: Adopt cunent federal 24 hour National Ambient Air Quality Standard for PM2.5 of3S micrograms per cubic meter 24 hour average. The standard was reduced from 65 micrograms per cubic meterby EPA on December 18, 2006. Chapter 5, 003 .03: Repeal rule describing requirement to obtain mercurybudget pern1it. Mark section as "Reserved". Chapter 7, 002.08: Repeal requirements for applying for a mercury budget pennit. Chapter 8, 005: Remove reference to mercury budget. Chapter 8, 005.02, 00S.02A, 00S.02B, 00S,02C, 00S.02D, and 00S.02E: Repeal rules describing the required content ofthe mercurybudgetpermit. Mark section 005.02 Reserved. Chapter 18, 001.01 : Adopt byreference the changes to SubpariA of 40 CFR 60, New Source Performance Standards, published at 72 Federal Register 32714 on June 13,2007. These changes are related to rules for continuous emissions monitoring systems. Chapter 18, 001.11: Adoptbyreference the changes to Subpart Da of 40 CFR 60, the New Source Performance Standard for electric utility steam generator units for which construction was commenced after September 18, 1978., published at 72 Federal Register 32714 on June 13, 2007. Changes allow the use ofPM continuous emission monitoring systems (CEMS) for demonstrating compliance with rule requirements related to controlling PM emissions. Owners and operators choosing to install and properly operate PM CEMS must demonstrate compliance with the applicable PM emission limit on a dailybasis and are not required to install a continuous opacitymonitoring system (COMS) or to monitor PM control device performance. Weproposed to exclude Section 60.45Da, "Standard for Mercury (Hg)" from this incorporation and repeal incorporation ofthe existing section 60.4SDa. The standard for mercury was vacated bythe United States Court ofAppeals, D.C. Circuit, on February 8, 2008. Chapter 18, 001.17: Adopt byreference the changes to Subpart D of40 CFR 60, New Source Perfonnance Standard for fossil-fuel-fired steam generators for which construction is commenced after August 17, 1971; published at 72 Federal Register 21714 on June 13, 2007. The changes allow sources subject to subpart D to choose an alternative to complying with the applicable NOX and S02 emission limits in the rule. The alternative allows sources to comply with the 30-day average NOX and S02 standards for modified sources in subparts Da and Db. The changes also allow monitoring alternatives to existingrequirements to use Continuous Opacity Monitoring Systems (COMS) for sources burning gaseous fuels or low sulfur fuel oils. Sources subject to Subpari D or Damay elect to use a carbon monoxide (CO) CEMS in place of the COMS. Sources subject to subpati Db or Dc may elect to either use a CO CEMS or to operate according to a site-specific monitoring plan in place ofusing a COMS.



### 3Chapter 18, 001.22: Adopt byreference the changes to SubpartDb of40 CFR 60, New Source Performance Standard for industrial-commercial-institutional steam generating units, as revised at 72 Federal Register 32714 on June 13, 2007. See explanation of changes for Chapter 18, 001.18 above. Chapter 18, 001.52: Adopt byreference the changes to Subpart Dc of40 CFR 60, New Source Perfonnance Standard for small industrial-commercial-institutional steam generation units, as revised at 72 Federal Register 32714 on June 13, 2007. See explanation ofchanges for Chapter 18, 001.18 above. Chapter 18, 001.69: Repeal adoption ofSubpart CCCC of40 CFR Part 60, the New Source Performance Standard for Commercial and Industrial Solid Waste Incineration (CISWI) Units for which construction was commenced after November 30, 1999 or for which modification orreconstruction commenced on or after June 1,2001 as published at 40 CFR 60 on July 1, 2006. Instead, adopt byreference Subpart CCCC of40 CFR 60 as published at 65 FR 75,350 on December 1, 2000. The amendments to this rule, published on September 22,2005, known as the "CISWI Definitions Rule", were vacated bythe U.S. Court ofAppeals, D.C. Circuit, on June 8, 2007, leaving intact the standard as originallypublished on December 1, 2000. Chapter 18, 001.73: Repeal adoption ofSubpart DDDD of40 CFR Part 60, the New Source Performance Standard for Commercial and Industrial Solid Waste Incineration Units for which construction commenced on orbefore November 30, 1999 as published at 40 CFR 60 on July 1, 2006. Instead, adopt byreference Subpart DDDD of40 CFR 60 as published at 65 FR 75,362 on December 1, 2000. The amendments to this rule, published on September 22,2005, known as the "CISWI Definitions Rule", were vacated bythe U.S. Court ofAppeals, D.C. Circuit, on June 8, 2007, leaving intact the-standard as originallypublished on December 1, 2000. Chapter 18, 005, 005.01, 005.02, 005.03 : Repeal rules related to Subpart HHHH of40 CFR Part 60, the federal Mercury Budget Trading Program
. Chapter 28, 001: Update reference to 40 CFR Part 63 to reference the document published July 1, 2007. See attached list for detailed changes incorporated bythe update, between July 1,2005 and July 1, 2007. Chapter 28, 001.70: Repeal adoption ofSubpart JJJJJ of40 CFR 63, the MACT standard for Brick and Structural ClayProducts. On March 13,2007, the United States Court of Appeals, D.C. Circuit, vacated Subpart JJJJJ. There were no sources subject to this standard in Nebraska. Section marked "Reserved". Chapter 28, 001.71: Repeal adoption ofSubpart KKKKK of40 CFR 63, the MACT standard for Clay Ceramic Products. On March 13, 2007, the United States Court of Appeals, D.C
. Circuit vacated Subpart KKKKK. There were no sources subject to this standard in Nebraska. Section marked "Reserved".

4Chapter 28, 001.89: Repeal adoption ofSubpart DDDD of40 CFR 63, the MACT standard for Plywood and Composite Wood Products Surface Coating. On June 19,2007, the United States Court ofAppeals, D.C. Circuit, vacated and remanded to EPA parts of Subpart DDDD. There were no sources subject to this standard in Nebraska. Section marked "Reserved". Chapter 28, 001.90: Repeal adoption ofSubpart DDDDD of40 CFR 63, the MACT standard for commercial, industrial, and institutional boilers and process heaters. On June 8, 2007, the United States Court ofAppeals, D.C. Circuit, vacated Subpart DDDDD
.

. Vacatur ofthe "BoilerMACT" theoreticallybrings into playarule known as the "MACT Hammer", which would require the Department to develop case-by-case MACT standards for at least 19 sources, probablymore, in Nebraska. The Department is currently awaiting guidance from EPA as to how to proceed

. Section marked "Reserved" Chapter 28, 001.92: Adopt Subpart DDDDDD of40 CFR 63, the area source MACT standard for Polyvinyl Chloride and Copolymers. This standard was issued on January 23,2007. There are presently no sources in Nebraska subject to this standard and it is unlikely there will be any in the future. Sources subject to this standard are area source facilities that polymerize vinyl chloride monomer to produce vinyl chloride. and/or copolymerproducts

. Compliance requirements include numerical emissions limits for reactors; strippers;mixing, weighing, and holding containers; monomer recovery systems; emissions sources following the stripper(s); and reactors used as strippers

. In addition, they include emissions limits and work practice requirements that apply to discharges from manual vent valves on a PVC reactor and reliefvalves in vinyl chloride service, fugitive emissions sources, and equipment leaks. Owners or operators of new or existing sources must complywith all requirements ofthis standard byJanuary 23,2007, orupon startup, whichever is later. There are presently no known legal challenges to this standard

. Chapter 28, 001.93: Adopt Subpart EEEEEE of40 CFR 63, the area source MACT standard for Primary Copper Smelting. This standard was issued on January 23,2007. There are presentlyno sources in Nebraska subject to this standard and it is unlikely there will be any in the future. Sources subject to this standard are area source facilities that produce copper from copper sulfide ore concentrates using pyrometallurgical techniques. A subject sourceusing any converting technology is required to control HAP emissions from copper concentrate drying, copper concentrate smelting, copper matte drying and grinding, coppermatte converting, and copper anode refining. PM is used as a surrogate for HAP metals. Gases and fumes generated by these processes mustbe captured and vented through one ormore PM control devices. For existingprimary copper smelters that do not use the batch converting process, the total emissions ofPMIO from the captured gas streams from all ofthese processes is limited to 89.5 pounds perhour (lb/hr) as determined on a 24-hour average basis. Owners or operators of new or existing sources must comply with all requirements ofthis standardbyJanuary 23,2007, or upon startup, whichever is later. There are presently no known legal challenges to this standard.



### 5Chapter 28, 001.94: Adopt Subpmi FFFFFF of40 CFR 63, the area source MACT standard for SecondaryCopper Smelting. This standard was issued on January 23,2007. There are presently no sources in Nebraska subject to this standard but there maybe some in the future. Sources subject to this standard are area source facilities that process copper scrap in a blast furnace and**conv~rter** oruse anotherpyrometallurgical purificationprocess to produce anode copper from copper scrap, including low-grade copper scrap. This final rule does not include requirements for existing sources. New sources must operate a capture and control system for PM emissions from any process operation that melts copper scrap, alloys, or othermetals or that processes molten material. Emissions ofPM from the control device must not exceed 0.002 gr/dscf. The source must also prepare and follow a written plan for the selection, inspection, and pretreatment ofcopper scrap to minimize, to the extent practicable, the amount ofoil and plastics in the scrap that is charged to smelting ormelting furnaces. The owner or



### -J)per.at.or olanewsQJlrce mllsJ c.omplY

. with

### this

.sta
. odar.db

. y,):a.nuar.y.2J
. ,.2DDlQr. at. startup, whichever is later. There are presentlyno known legal challenges to this standard. Chapter 28, 001.95: Adopt Subpart GGGGGG of40 CFR 63, the area source MACT standard for Primary Nonferrous Metals

. This standard was issued on January 23,2007
. There are presently no sources in Nebraska subject to this standard and it is unlikely there will be any in the future

. Sources subject to this standard are area source facilities that produce zinc, zinc oxide, cadmium, or cadmium oxide from zinc sulfide ore concentrates usingpyrometallurgical techniques and area source facilities that produce beryllium metal, alloy, or oxide from beryllium ore. Under this standard, PM is used as a surrogate for establishing standards for metal HAP. Sources are required to exhaust roaster offgases to PM removal equipment and a sulfuric acid plant. Emissions limits apply to the different types ofmelting furnaces at primary zinc production facilities. Emissions limits also apply to any sintering machine at a new or existing facility. For primaryberyllium production facilities, beryllium is used as a surrogate for HAP metals. 40 CFR part 61, subpart 

### Clists the requirements for both new and existingprimaryberyllium production facilities. Owners oroperators ofnew or existing sources must comply with all requirements ofthis standard by January 23,2007, orupon startup, whichever is later. There are presently no known legal challenges to this standard. Chapter 28, 001.96: Adopt Subpart LLLLLL of40 CFR 63, the area source MACT standard for Acrylic and Modacrylic Fiber Production Area Sources. This standard was issued on July 16, 2007. There are presentlyno sources in Nebraska subject to this standard and it is unlikely there will be any in the future. Sources subject to this standard are area source facilities that manufacturepolymeric organic fibers using acrylonitrile (AN) as aprimarymonomer. There is only one existing source. For new sources, the standard requires reductions ofAN emissions from process vents, fiber spinning lines, AN storage tanks, process wastewater, maintenance wastewater, and equipment leaks

. The owner or operator ofan existing area source must comply with all the requirements ofthis standard by January 15, 2008. The owner oroperator ofa new source must comply with this standard by July 16, 2007 orupon initial startup, whichever is later. There are presentlyno known legal challenges to this standard.



### 6Chapter 28, 001.97: Adopt Subpart MMMMMM of40 CFR 63, the area source MACT standard for Carbon BlackProduction Area Sources. This area source standard was issued on July 16, 2007. There are presentlyno sources inNebraska subject to this standard and it is unlikely there will be any in the future. Sources subject to this standard are area source facilities that manufacture carbon black using the furnace, thermal, acetylene decompositionprocess. This standard requires the owner or operator ofan existing or new source to control HAP emissions from each carbon black production mainunit filter process vent that has a HAP concentration equal to or greater than 260 ppmv. Owners or operators of new or existing area sources must comply with all the requirements ofthis standard byJuly 16,2007, orupon initial startup, whichever is later. There are presentlyno known legal challenges to this standard

. Chapter 28, 001.98: Adopt SubpartNNNNNN of40 CFR 63, the area source MACT standard for Chemical Manufacturing Area Sources: Chromium Compounds. This standard was issued on July 16, 2007. There are presentlyno sources in Nebraska subject to this standard and it is unlikely there will be any in the future. Sources subject to this standard are area source facilities that produce chromium compounds, principally sodium dichromate, chromic acid, and chromic oxide, from chromite ore. The standardrequires new and existing facilities to operate a capture system that collects gases and fumes from each emissions source and conveys the gases to a PM control device that controls emissions to the levels required in the rule

.. The owner or operator ofan existing area source must comply with all the requirements ofthis area source standard by January 16, 2008. The owner or operator ofa new source must complybyJuly 16, 2007 or upon initial startup, whichever is later. There are presently no known legal challenges to this standard. Chapter 28, 001.99: Adopt Subpart 000000 of40 CFR 63, the area source MACT standard for Flexible Polyurethane Foam Production and Fabrication Area Sources. This standard was issued on July 16, 2007. There are presentlyno sources in areas under NDEQjurisdiction and are not likely to be anyin the future. Omaha mayhave a source subject to this standard. Sources subject to this standard are area source facilities that manufacture foam made from a polyurethanepolymer or area source facilities that cut or bond flexible polyurethane foam pieces together or to other substrates. This standard prohibits the use ofmethylene chloride-based mold release agents at molded and rebond foam facilities, methylene chloride-based equipment cleaners at molded foam facilities, and methylene chloride-based adhesives for foam fabrication. The owner or operator of an existing area source must comply with all the requirements ofthis standard byJuly 16, 2007. The owner oroperator ofa new source must complybyJuly 16, 2007 or upon initial startup, whichever is later. The owner oroperator ofan existing slabstock source must complybyJuly 16, 2008. There are presently no known legal challenges to this standard. Chapter 28, 001.100: Adopt Subpart PPPPPP of40 CFR 63, the area source MACT standard for Lead Acid Battery ManufacturingArea Sources. This standard was issued on July 16, 2007. There are presently no sources in Nebraska subject to this standard and

7it is unlikely there will be any in the future. Sources subject to this standard are area source facilities that manufacture lead acid storagebatteries made from lead alloy ingots and lead oxide. This standard adopts the numerical emissions limits for grid casting, paste mixing, three-process operations, lead oxide manufacturing, lead reclamation, and other lead emittingprocesses in40 CFR 60.372 ofthe new sourceperformance standard (NSPS) for lead acid batteries. The owner or operator ofan existing source must comply with all requirements ofthis standard byJuly 16, 2008. The owner oroperator ofa new source must complybyJuly 16,2007, or at startup, whichever is later. There are presently no known legal challenges to this standard. Chapter 28, 001.101: Adopt Subpart 

### QQQQQQ of40 CFR 63, the MACT standard for Wood Preserving Area Sources. This standard was issued on July 16, 2007. There are two sources in Nebraska, underNDEQjurisdiction, subject to this standard. Sources subject to this standard are area source facilities that treat wood such as lumber, ties, poles, posts, orpilings with a preservative. This standard requires that facilities using a pressure treatment process use aretort or similarly enclosed vessel for the preservative treatment ofwood involving any wood preservative containing chromium, arsenic, dioxins, or methylene chloride. Facilities using a thermal treatment process involving any ofthese chemicals must use process treatment tanks equipped with air scavenging systems to capture and control air emissions. Owners or operators ofa new or existing sourcemust comply with all requirements ofthis standard byJuly 16, 2007, or at initial startup, whichever is later. There are presently no known legal challenges to this standard

.



### 8FISCAL IMPACT STATEMENT Agency: Environmental Quality Prepared by: Shelley Kaderly April 29, 2008 471-4299 Title: 129 Date Prepared: Chapters: 4,5,7,8,18,28 Phone: Title Name: Title 129 Statement Status: ( ) Draft Nebraska Air Quality Regulations (X) Final
Type ofFiscal Impact:

State Agency Political Subdivision Regulated Public No Fiscal Impact Increase Costs Decrease Costs ( x) 

### ( ) 

### ( ) (x) 

### ( ) 

### ( ) ( x) ( ) 

### ( )

Estimated Quantification ofImpact: State Agency:

Political Subdivision: Regulated Public: Work required byregulatory charrges proposed in this package will be accomplishedby existing FTEs and budget.

Costs incurred bythe regulated public in cOlmections with these proposed regulatory changes would beincurred regardless ofNEQC action, as the sources would be subject to federal regulations whether enforced byNDEQ or by U.S. EPA.NEBRASKA ADMINISTRATIVE CODE Title 129

- Department ofEnvironmental Quality Chapter 4
- AMBIENT AIR QUALITY STANDARDS

The ambient air quality standards for the State ofNebraska are: 001 Particulate Matter 001.01 PMIO Primary and secondary standards

.50 micrograms per cubicmeter annual arithmetic mean 150 micrograms per cubic meter

24 hour average with notmore than one exceedance per year

001.02 PM2.5 (Attaimnent ofthese standards are determined in accordance with Appendix K of40 CFR Part 50 which is adopted and incorporated herein).
Primary and secondary standards 15.0 micrograms per cubicmeter

annual arithmetic mean 

### g 35 micrograms per cubicmeter

24 hour average (Attainment ofthese standardsis determined in accordance withAppendix N of40 CFRPart 50 which is adopted and incorporated herein).

Change proposed for JulyEQC onpage4

-1 4
-1



### ./Title 129 Chapter 4 002 Sulfur dioxide 002.01 Primary standards 80 micrograms per cubic meter (0.03 ppm) arumal arithmetic mean 365 micrograms per cubic meter (0.14 ppm) maximum 24-hour concentration not to be exceeded more than once a year 002.02 Secondary standard 1300 micrograms per cubic meter (0.5 ppm)

as a 3-hour concentration not to be exceeded more than once a year 003 Nitrogen dioxide Primary and secondary standard 100 micrograms per cubic meter (0
.05 ppm) annual arithmetic mean 004 Carbon monoxide

4-2 Primary and secondary standards 10 milligrams per cubic meter (9 ppm) as a maximum 8-hour concenttation

.notto be exceeded morethan once a year 40 milligrams percubic meter (35 ppm)

as a maximum 1,.;hourconcentration not to be exceeded more than once a year

Change proposed for July EQC on page 4

- 1Title 129 Chapter 4

005 Ozone

006 Lead Primary and secondary standard 235 micrograms per cubic meter (0,12 ppm)

as a maximum I-hourconcentration not to be exceeded more than one day a year (Attainment ofthis standard is determined in accordance with Appendix H of40 CFRPart 50; which is adopted and incorporated herein)

. Primary and secondary standard 0.08 pmis per million (0.08 ppm)

as a daily maximum 8

-hour average concentration (Attainment ofthis standard is detennined in accordance with Appendix I of40 CFR Part 50; which is adopted and incorporated hereinr Primary and secondary standai'd 1.5 micrograms percubicmeter

calendar quarter arithmetic mean 007 Total reduced sulfur 10.0parts permillion (10;0 ppm)

maximum 1minute average concentration 0.1 0parts per million 

### (O.lOppm)

maximum30"minuterolling average 007.01 Except as provided in 007
.01A and 007
.01B these standards apply only where human exposure occurs. Change proposed for JulyEQC onpage 4

-1 4-3



## ,.Title 129 Chapter 4

4-4 007.01A Ambient concentrations oftotal reduced sulfur (TRS) emissions occurring as a result ofnatural activities that have no associated economic benefits, such as seasonal stratification or turnover oflakes and lagoons, and the release ofwater uncontaminated byprocess or industrial activity from lakes, · reservoirs, lagoons and water impoundment systems shall not constitute violation ofthe standards contained in section 007. 007.01B The Department shall provide reasonable opportunity for any owner or operator ofany source causing or contributing to a violation ofthe standards in007 to develop and implement a program to eliminate such violations prior to taking enforcement action. 007.02 Unless otherwise approved bythe Director, the levels ofTRS in the ambient air shall be measuredusing a TRS thermal converter in conjunction with an S02 monitor. The S02 monitor shall be designated as an EPA reference method or equivalent method in accordance with40 CFR Part 53. In combination, the monitormust meet or exceed the following minimum specifications: 007
.02A Lower detection limit 0[0.4ppb (palis perbillion); 007.02B Zero Drift less than O .? ppb in 24 hours and less than 1ppb in 7 days at constant conditions; 007.02C Span Drift ofless than 0.5 percent ofthe reading in 24 hours and less than 1percent ofthe reading in 7 days at constant conditions; 007.02D Precision of0.5 percent ofthe reading; and
Change proposed for July EQC on page 4-1 \ 

# I·

.ITitle 129 Chapter 4 007.02E Linemity of 1percent offull scale.

007.03 A rolling average shall be considered valid ifthere is data for at least 75 percent ofthe period in question. In the event that less than 100 percent ofthe data are available, the rolling average shall be computed on thE! basis ofthe data available using the numberofdata available as the divisor. 007.04 The standards are attained when all ofthe following conditions are met: 007.04A The one-minute concentration is less than or equal to 10.0 ppm, rounded to one decimal place (fractional parts equal to or greater than 0.05 ppm mustberounded up); 007.04B The 30-minute rolling atithmetic mean concentration is less thatl or equal to 0.10 ppm, rounded to two decimal places (fractional parts equal to or greater than 0.005 ppm mustberounded up); Enabling Legislation: Neb. Rev. Stat. §§81-1504(1)(2), 81-1505(1)(12) Legal Citation: Title 129, Ch. 4, Nebraska Department ofEnvironmental Quality

. Change proposed for JulyEQC onpage 4-1 4-5

. I