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: J on Bruning, Attorney General 

From: Shelley Kaderly, Air Quality Division 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: On July 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National Ambient Air Quality Standard (NAAQS) for PMIO which was revoked by EPA 

in December 2006, and adopt the new NAAQS for PM2.5 which was issued by EPA in 

December 2006; (b) repeal rules related to regulation of mercury emissions from electric 

utilities; (c) repeal rules related to the Maximum Achievable Control Technology 

(MACT) standard for boilers; (d) repeal other vacated MACT standards; (e) repeal the 

"CISWI Definitions Rule" ofthe New Source Performance Standard (NSPS) for 

Commercial and Industrial Solid Waste Incineration (CIS WI) units; (f) repeal other 

vacated New Source Performance Standards; (g) update New Source Performance 

Standards; (h) update the Code of Federal 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 PMIO. At the 

same time, EPA issued a new, lower NAAQS for PM2.5. The standard was lowered from 

65 to 35 micrograms per cubic meter 24 hour average. We propose to remove the 

obsolete standard for PMIO and adopt the new standard for PM2.5 to be consistent with 

federal standards. 

On February 8, 2008, the United States Court of Appeals for the District of Columbia 

Circuit vacated the federal Clean Air Mercury Rule (CAMR).1 Rules adopted by the EQC 

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

An Equal Opportunit!iA!!irmative Action Employer 

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in August 2007 essentially adopted CAMR by reference. For that reason, we now 

propose to repeal the rules adopted in August 2007 relating to control of mercury 

emissions. New rules issued by the United States Environmental Protection Agency 

(EP A) to regulate mercury emissions are likely to be very different from the vacated 

rules. Given the direct incorporation by reference of the now vacated CAMR rule, it is 

also unlikely that 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" of the New Source Perfonnance Standard for Commercial and 

Industrial Solid Waster Incinerators (CISWI).2 Therefore, the MACT standard for 

boilers is proposed for repeal. We propose to adopt the CIS WI rule as it was issued in 

2000 prior to the issuance of the CISWI Definitions Rule in 2005. On March 13,2007, 

the D.C. Circuit Court vacated the MACT standards for Plywood ad Composite Wood 

Products Surface Coating, for Brick and Structural Clay Products, and for Clay Ceramic 

Products. These are also proposed for repeal. Finally, we propose to adopt by reference 

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 

of the changes incorporated by the CFR update is attached to this memorandum. 

ANALYSIS OF IMP ACT: The impact of the several repeals of rules 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 of adopting 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 quality rule may be more stringent than a 

federal rule, but may not be less stringent. The impact of updating the NSPS rules in 

Chapter 18 is, again, to bring state rules into compliance with current federal rules. The 

impact of adopting 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 public healing before the EQC on July 1,2008, a letter from Joshua Tapp of the 

EP A 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. The NDEQ 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 of the annual PM1 0 standard from Title 129 as NDEQ had proposed. 

There were no other comments offered other than those by NDEQ staff. 

SECTION-BY -SECTION DESCRIPTION: 

Chapter 4, 001.01: Repeal the annual standard for PMIO to be consistent with the current 

National Ambient Air Quality Standard for PMIO. The PMIO annual NAAQS was 

revoked by EPA on December 18, 2006. 

2 Natural Resources Defense Council v. E.P.A, 489 F.3d, 1250 C.AD.C. 2007. 

2 
Chapter 4, 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 meter by EPA on December 18, 2006. 

Chapter 5, 003 .03: Repeal rule describing requirement to obtain mercury budget 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 of the mercury budget permit. Mark section 005.02 

Reserved. 

Chapter 18, 001.01 : Adopt by reference the changes to Subpari A 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: Adopt by reference 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 of PM 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 

daily basis and are not required to install a continuous opacity monitoring system 

(COMS) or to monitor PM control device performance. We proposed to exclude Section 

60.45Da, "Standard for Mercury (Hg)" from this incorporation and repeal incorporation 

of the existing section 60.4SDa. The standard for mercury was vacated by the United 

States Court of Appeals, D.C. Circuit, on February 8, 2008. 

Chapter 18, 001.17: Adopt by reference the changes to Subpart D of 40 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 existing requirements to use Continuous Opacity Monitoring 

Systems (COMS) for sources burning gaseous fuels or low sulfur fuel oils. Sources 

subject to Subpari D or Da may 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 of using a COMS. 

3 
Chapter 18, 001.22: Adopt by reference the changes to Subpart Db of 40 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 by reference the changes to Subpart Dc of 40 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 of changes for Chapter 18, 001.18 above. 

Chapter 18, 001.69: Repeal adoption of Subpart CCCC of 40 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 or reconstruction commenced on or after June 1,2001 as published at 

40 CFR 60 on July 1, 2006. Instead, adopt by reference Subpart CCCC of 40 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 "CIS WI Definitions Rule", were vacated by the 

U.S. Court of Appeals, D.C. Circuit, on June 8, 2007, leaving intact the standard as 

originally published on December 1, 2000. 

Chapter 18, 001.73: Repeal adoption of Subpart DDDD of 40 CFR Part 60, the New 

Source Performance Standard for Commercial and Industrial Solid Waste Incineration 

Units for which construction commenced on or before November 30, 1999 as published 

at 40 CFR 60 on July 1, 2006. Instead, adopt by reference Subpart DDDD of 40 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 

by the U.S. Court of Appeals, D.C. Circuit, on June 8, 2007, leaving intact the-standard as 

originally published 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 by the update, 

between July 1,2005 and July 1, 2007. 

Chapter 28, 001.70: Repeal adoption of Subpart JJJJJ of 40 CFR 63, the MACT standard 

for Brick and Structural Clay Products. 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 of Subpart KKKKK of 40 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". 

4 
Chapter 28, 001.89: Repeal adoption of Subpart DDDD of 40 CFR 63, the MACT 

standard for Plywood and Composite Wood Products Surface Coating. On June 19,2007, 

the United States Court of Appeals, 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 of Subpart DDDDD of 40 CFR 63, the MACT 

standard for commercial, industrial, and institutional boilers and process heaters. On 

June 8, 2007, the United States Court of Appeals, D.C. Circuit, vacated Subpart DDDDD . 

. Vacatur of the "Boiler MACT" theoretically brings into playa rule known as the 

"MACT Hammer", which would require the Department to develop case-by-case MACT 

standards for at least 19 sources, probably more, 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 of 40 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 

copolymer products. 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 relief valves in vinyl chloride 

service, fugitive emissions sources, and equipment leaks. Owners or operators of new or 

existing sources must comply with all requirements of this standard by January 23,2007, 

or upon startup, whichever is later. There are presently no known legal challenges to this 

standard. 

Chapter 28, 001.93: Adopt Subpart EEEEEE of 40 CFR 63, the area source MACT 

standard for Primary Copper Smelting. 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 copper from copper sulfide ore concentrates using pyrometallurgical techniques. 

A subject source using any converting technology is required to control HAP emissions 

from copper concentrate drying, copper concentrate smelting, copper matte drying and 

grinding, copper matte converting, and copper anode refining. PM is used as a surrogate 

for HAP metals. Gases and fumes generated by these processes must be captured and 

vented through one or more PM control devices. For existing primary copper smelters 

that do not use the batch converting process, the total emissions ofPMIO from the 

captured gas streams from all of these processes is limited to 89.5 pounds per hour (lb/hr) 

as determined on a 24-hour average basis. Owners or operators of new or existing 

sources must comply with all requirements of this standard by January 23,2007, or upon 

startup, whichever is later. There are presently no known legal challenges to this 

standard. 

5 
Chapter 28, 001.94: Adopt Subpmi FFFFFF of 40 CFR 63, the area source MACT 

standard for Secondary Copper Smelting. This standard was issued on January 23,2007. 

There are presently no sources in Nebraska subject to this standard but there may be 

some in the future. Sources subject to this standard are area source facilities that process 

copper scrap in a blast furnace and conv~rter or use another pyrometallurgical 

purification process 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 other metals or that processes molten 

material. Emissions of PM 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 of copper scrap to minimize, to the extent practicable, the amount of oil and 

plastics in the scrap that is charged to smelting or melting furnaces. The owner or 

-J)per.at.or olanewsQJlrce mllsJ c.omplY.with this.sta.odar.db.y,):a.nuar.y.2J.,.2DDl Qr. at. 

startup, whichever is later. There are presently no known legal challenges to this 

standard. 

Chapter 28, 001.95: Adopt Subpart GGGGGG of 40 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 

using pyrometallurgical 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 of melting furnaces at primary zinc production facilities. Emissions limits 

also apply to any sintering machine at a new or existing facility. For primary beryllium 

production facilities, beryllium is used as a surrogate for HAP metals. 40 CFR part 61, 

subpart C lists the requirements for both new and existing primary beryllium production 

facilities. Owners or operators of new or existing sources must comply with all 

requirements of this standard by January 23,2007, or upon startup, whichever is later. 

There are presently no known legal challenges to this standard. 

Chapter 28, 001.96: Adopt Subpart LLLLLL of 40 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 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 manufacture polymeric organic fibers using acrylonitrile 

(AN) as a primary monomer. There is only one existing source. For new sources, the 

standard requires reductions of AN emissions from process vents, fiber spinning lines, 

AN storage tanks, process wastewater, maintenance wastewater, and equipment leaks. 

The owner or operator of an existing area source must comply with all the requirements 

of this standard by January 15, 2008. The owner or operator of a new source must comply 

with this standard by July 16, 2007 or upon initial startup, whichever is later. There are 

presently no known legal challenges to this standard. 

6 
Chapter 28, 001.97: Adopt Subpart MMMMMM of 40 CFR 63, the area source MACT 

standard for Carbon Black Production Area Sources. This area source standard was 

issued on July 16, 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 manufacture carbon black using the furnace, thermal, 

acetylene decomposition process. This standard requires the owner or operator of an 

existing or new source to control HAP emissions from each carbon black production 

main unit 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 of this standard by July 16,2007, or upon initial startup, whichever is later. 

There are presently no known legal challenges to this standard. 

Chapter 28, 001.98: Adopt Subpart NNNNNN of 40 CFR 63, the area source MACT 

standard for Chemical Manufacturing Area Sources: Chromium Compounds. This 

standard was issued on July 16, 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 chromium compounds, principally sodium 

dichromate, chromic acid, and chromic oxide, from chromite ore. The standard requires 

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 of an existing area 

source must comply with all the requirements of this area source standard by January 16, 

2008. The owner or operator of a new source must comply by July 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 of 40 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 presently no sources in areas under 

NDEQ jurisdiction and are not likely to be any in the future. Omaha may have a source 

subject to this standard. Sources subject to this standard are area source facilities that 

manufacture foam made from a polyurethane polymer or area source facilities that cut or 

bond flexible polyurethane foam pieces together or to other substrates. This standard 

prohibits the use of methylene 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 of this standard by July 16, 

2007. The owner or operator of a new source must comply by July 16, 2007 or upon 

initial startup, whichever is later. The owner or operator of an existing slabstock source 

must comply by July 16, 2008. There are presently no known legal challenges to this 

standard. 

Chapter 28, 001.100: Adopt Subpart PPPPPP of 40 CFR 63, the area source MACT 

standard for Lead Acid Battery Manufacturing Area Sources. This standard was issued 

on July 16, 2007. There are presently no sources in Nebraska subject to this standard and 

7 
it is unlikely there will be any in the future. Sources subject to this standard are area 

source facilities that manufacture lead acid storage batteries 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 emitting processes in 40 CFR 60.372 of the new source performance standard 

(NSPS) for lead acid batteries. The owner or operator of an existing source must comply 

with all requirements of this standard by July 16, 2008. The owner or operator of a new 

source must comply by July 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 of 40 CFR 63, the MACT standard for 

Wood Preserving Area Sources. This standard was issued on July 16, 2007. There are 

two sources in Nebraska, under NDEQ jurisdiction, subject to this standard. Sources 

subject to this standard are area source facilities that treat wood such as lumber, ties, 

poles, posts, or pilings with a preservative. This standard requires that facilities using a 

pressure treatment process use a retort or similarly enclosed vessel for the preservative 

treatment of wood involving any wood preservative containing chromium, arsenic, 

dioxins, or methylene chloride. Facilities using a thermal treatment process involving any 

of these chemicals must use process treatment tanks equipped with air scavenging 

systems to capture and control air emissions. Owners or operators of a new or existing 

source must comply with all requirements ofthis standard by July 16, 2007, or at initial 

startup, whichever is later. There are presently no known legal challenges to this 

standard. 

8 
FISCAL 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 of Fiscal Impact: 

State Agency 

Political 

Subdivision Regulated Public 

No Fiscal Impact 

Increase Costs 

Decrease Costs 

( x) 

( ) 

( ) 

(x) 

( ) 

( ) 

( x) 

( ) 

( ) 

Estimated Quantification of Impact: 

State Agency: 

Political Subdivision: 

Regulated Public: 

Work required by regulatory charrges proposed in this 

package will be accomplished by existing FTEs and 

budget. 

Costs incurred by the regulated public in cOlmections with 

these proposed regulatory changes would be incurred 

regardless ofNEQC action, as the sources would be subject 

to federal regulations whether enforced by NDEQ or by 

U.S. EPA. 
NEBRASKA ADMINISTRATIVE CODE 

Title 129 - Department of Environmental Quality 

Chapter 4 - AMBIENT AIR QUALITY STANDARDS 

The ambient air quality standards for the State of Nebraska are: 

001 Particulate Matter 

001.01 PMIO 

Primary and secondary standards 

. 50 micrograms per cubic meter 

annual arithmetic mean 

150 micrograms per cubic meter 

24 hour average with not more than one exceedance per year 

001.02 PM2.5 

(Attaimnent of these standards are determined in accordance 

with Appendix K of 40 CFR Part 50 which is adopted and 

incorporated herein). 

Primary and secondary standards 

15.0 micrograms per cubic meter 

annual arithmetic mean 

g 35 micrograms per cubic meter 

24 hour average 

(Attainment of these standards is determined in accordance 

with Appendix N of 40 CFR Part 50 which is adopted and 

incorporated herein). 

Change proposed for July EQC on page 4-1 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.not to be exceeded 

more than once a year 

40 milligrams per cubic meter (35 ppm) 

as a maximum 1 ,.;hourconcentration not to be exceeded 

more than once a year 

Change proposed for July EQC on page 4-1 
Title 129 

Chapter 4 

005 Ozone 

006 Lead 

Primary and secondary standard 

235 micrograms per cubic meter (0,12 ppm) 

as a maximum I-hour concentration not to be exceeded 

more than one day a year 

(Attainment of this standard is determined in accordance 

with Appendix H of 40 CFR Part 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 of this standard is detennined in accordance 

with Appendix I of 40 CFR Part 50; which is adopted and 

incorporated hereinr 

Primary and secondary standai'd 

1.5 micrograms per cubic meter 

calendar quarter arithmetic mean 

007 Total reduced sulfur 

10.0 parts per million (10;0 ppm) 

maximum 1 minute average concentration 

0.1 0 parts per million (O.lO ppm) 

maximum30"minute rolling average 

007.01 Except as provided in 007.01A and 007.01B these standards apply 

only where human exposure occurs. 

Change proposed for July EQC on page 4-1 4-3 

,. 
Title 129 

Chapter 4 

4-4 

007.01A Ambient concentrations of total reduced sulfur (TRS) 

emissions occurring as a result of natural activities that have no 

associated economic benefits, such as seasonal stratification or 

turnover of lakes and lagoons, and the release of water 

uncontaminated by process or industrial activity from lakes, · 

reservoirs, lagoons and water impoundment systems shall not 

constitute violation of the standards contained in section 007. 

007.01B The Department shall provide reasonable opportunity for 

any owner or operator of any source causing or contributing to a 

violation of the standards in 007 to develop and implement a 

program to eliminate such violations prior to taking enforcement 

action. 

007.02 Unless otherwise approved by the Director, the levels ofTRS in 

the ambient air shall be measured using 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 with 40 CFR Part 53. In combination, the monitor must 

meet or exceed the following minimum specifications: 

007.02A Lower detection limit 0[0.4 ppb (palis per billion); 

007.02B Zero Drift less than O.? ppb in 24 hours and less than 

1 ppb in 7 days at constant conditions; 

007.02C Span Drift ofless than 0.5 percent of the reading in 

24 hours and less than 1 percent of the reading in 7 days at 

constant conditions; 

007.02D Precision of 0.5 percent of the reading; and 

Change proposed for July EQC on page 4-1 

\ 

I· 

. I 
Title 129 

Chapter 4 

007.02E Linemity of 1 percent of full scale. 

007.03 A rolling average shall be considered valid ifthere is data for 

at least 75 percent of the period in question. In the event that less 

than 100 percent of the data are available, the rolling average shall be 

computed on thE! basis of the data available using the number of data 

available as the divisor. 

007.04 The standards are attained when all of the 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 must be rounded 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 must be rounded up); 

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

Legal Citation: Title 129, Ch. 4, Nebraska Department of Environmental Quality 

. Change proposed for July EQC on page 4-1 4-5 

. I