## APPROVED MAR 2 7 

## 2012 

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### >, DAVE HEINEMN

GOVERNOll
Title 129 - Department of Environmental Quality Chapter 1 - DEFINITIONS 

### APPROVED JON BRUNING

### ATTOR~ZE~L 

### BY
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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 AirAct, as amended (42 U.S.C. 7401 et seq.). 002 "Actual emissions" for purposes otherthan 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 ofthe 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 ofthe unit on that date. 003 "Actual emissions", for purposes ofthe 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, orfor establishing a Plantwide Applicability Limitation (PAL)
1-1

### APPROVED 

## APPROVED JON BRUNING**ATTOR~~NEj3AL**



### MAR 27 

## 2012 

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GOVERNOR
Title 129 - Department of Environmental Quality Chapter 17 - CONSTRUCTION PERMITS
- WHEN REQUIRED 001 Except as provided under section 014 ofthis chapter or Chapter 19 or 42 of Title 129, no person shall cause the construction, reconstruction, or modification at any of the following without first having obtained a construction permit from the Department in the manner prescribed by this Chapter: 001.01 Any stationary source or emission unit, such that there is a net increase in potential emissions at the stationary source equal to or exceeding the following levels: 001.01A Fifteen (15) tons/year of PM 10 emissions. 001.01 B Ten (10) tons/year of PM2.5 emissions. 001.01 C Forty (40) tons/year of sulfur dioxide (S02) or sulfur trioxide (S03), or any combination ofthe two. 001.01 D Forty (40) tons/year of oxides of nitrogen (calculated as N02 ). 001.01 E Forty (40) tons/year ofvolatile organic compounds (VOC). 001.01€F Fifty (50) tons/year of carbon monoxide (CO). 001.01 G Six-tenths (0.6) tons/year of lead. 001.01 H Two and one-half (2.5) tons/year of any hazardous air pollutant or an aggregate often (10) tons/year ofany hazardous air pollutants, including all associated fugitive emissions (see Chapter 27, section 003). 001.02 When determining applicability under 001.01 above, sources in the following source categories must include fugitive emissions: 001.02A Coal cleaning plants (with thermal dryers);
17-1

## APPROVED

.. MAR 2 7 2012

# i~D I

# D~~, DAVE HEINEMAl

GOVEI'!NOIl
Title 129 - Nebraska Air Quality Regulations APPROVED JON BRUNING

### ATTOR~~~L . 

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Chapter 19 - Prevention of Significant Deterioration ofAir Quality (PSD)
001 The following subsections of40 CFR 52.21 published on July 1,2009 are incorporated by reference into Chapter 19 ofTitle 129: (b) (34), (35), (36), (37), and (38) definitions related to clean coal technology demonstration projects; (e) Restrictions on area classifications; and (g) Redesignation. 40 CFR 52.21 (p), "Sources impacting Federal Class I area", as published at 75 Federal Register 64906 is incorporated by reference into Chapter 19 ofTitle 129. 002 The reqUirements ofthis chapter apply to the construction ofany new major stationary source orthe major modification of any existing major stationary source, as defined in Chapter 2, section 008. The provisions ofthis chapter apply only to sources located in areas designated as attainment or unclassifiable. Sources not subject to PSD review may still require a construction permit pursuant to provisions in Chapter 17. 003 Prior to beginning actual construction of a new major stationary source or a major modification of an existing major stationary source, the owner or operator must obtain a permit, issued by the Department, stating that the source will complywith the requirements ofthis chapter. 004 For any construction project at an existing major stationary source, the owner or operator must determine ifthe project is a major modification for a regulated NSR pollutant by assessing the following criteria: 004.01 The status of each relevant emissions unit, either new or existing, as defined in Chapter 1, section 051. 004.02 The baseline actual emissions (BAE) for each unit, as defined in section 005. 004.03 The projected actual emissions (PAE) or potential to emit (PTE) foreach unit, as defined in sections 006 and 007. 004.04 Whether the emissions increase (PAE (or PTE) minus BAE) is significant, as defined in section 008. 19-1



## MAR 2 7 

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# APPROVED MAR 27 

## 2012 

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## ~~~ DAVE HEINEMAlJ

GOVSiNOIl

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# ............**~~."'~ ,.~~**  ...**'i:.;,,'L.~-;;;>£;ii!:.4** NEBRASKA ADMINISTRATIVE CODE Title 129 - Department of Environmental Quality Chapter 27 - HAZARDOUS AIR POLLUTANTS, MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY (MACT) 001 Notwithstanding any other provisions ofthese regulations, Sections 63.70 through 63.81 ofTitle 40 Code of Federal Regulations (CFR) Part 63, Subpart D, effective December 29, 1992, pertaining to compliance extensions for early reductions, are hereby adopted and incorporated by reference. 002 Requirement for new, modified, or reconstructed sources of hazardous air pollutants. A permit as required under section 001.01 

### H of Chapter 17 will be issued for construction, reconstruction, or modification ofa source with the potential to emit any hazardous air pollutant in an amount equal to or in excess oftwo and one-half (2.5) tons/year or more of any hazardous air pollutant or an aggregate often (10.0) tons/year or more of any hazardous air pollutants only if best available control technology (BACT), as determined bythe Director, is applied for each hazardous air pollutant and the source will comply with all other requirements ofthese regulations. 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 Chapters 18, 23, 27, or 28. 003 Requirements for new or reconstructed major sources of hazardous air pollutants. A permit as required under section 001.01 H of Chapter 17 for construction or reconstruction of a source with the potential to emit an amount equal to or in excess of 10 tons per year of any hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants, will only be issued if maximum achievable control technology (MACT), as determined by the Director, is applied, and the source is required to comply with all other requirements ofthese regulations. 003.01 For purposes ofthis section, 40 CFR Part 63, sections 63.40(b); 63.41; 63.42(c); 63.43(a), (b), and (d); and 63.44, as in effect on December 27, 1996, are hereby adopted and incorporated by reference.
003.02 Except as provided in 003.01, the provisions and procedures of Chapter 17 and 002 above apply. 27-1Dave Heineman Governor



### Michael Linder, Director Department of Environmental Quality 1200 N Street, Suite 400 Lincoln, NE 68509 March 27, 2012 

### STATE OF NEBRASKA Governor's Policy Research Office Lauren L. Hill, Director P.O. Box 94601 • Lincoln, Nebraska 68509-4601 Phone: (402) 471-2414 • Fax (402) 471-2528 

# RECEIVE
MAR 2 8 2012

Nebraska Deptof Environmental Quality By: OEQ# 059,

___ _



### RE: Title 129 NAC 1, 17, 19, 27 - Nebraska Air Quality Regulations Dear Mr. Linder: On March 27, 2012, the Governor approved the above-referenced regulations. The Governor's Policy Research Officefiled the regulationswith the SecretaryofState's Office on March 27, 2012.

cc: Policy Advisor GPRO File Sincerely,

Barb Damewood Administrative Assistant

An Equal Opportunity/Affirmative Action Employer Printed with soy ink on recycled paperSTATE OF NEBRASKA 

# RECEIVED Q&ffice of tbe**~ttorne!, ~eneral** 

JON BRUNING AlTORNEY GENERAL



### Annette Kovar Legal Counsel 2115 STATE CAPITOL BUILDING LINCOLN, NE 68509-8920 (402) 471-2682 TOO (402) 471-2682 FAX (402) 471-3297 or (402) 471-4725



### February 16, 2012

Department of Environmental Quality 1200 N Street, Suite 400 P.O. Box 98922 Lincoln, NE 68509-8922 RE: Title 129- Nebraska Air Quality Regulations Chapters 1, 17, 19 and 27 DearAnnette, 

## FEB 1 7 2012
Nebraska DeptofEnvironmental Quality By: DEQ#059


# ---- KEVIN L. GRIESS ASSISTANT ATTORNEY GENERAL



### We have reviewed these amended regulations for statutory authority and constitutionality and have approved them. Four clean copies and the "marked up" copy are being returned to you. We have kept one copy for our records. Please feel free to contact our office if you have any questions orconcerns regarding these regulations. Sincerely, JON BRUNING Attorney General

Kevin 

### L. Griess Assistant Attorney General Agriculture, Natural Resources 

### & Environment Section

Printed wth soy ink on recycledpaperDave Heineman Governor

NEBRASKA ADMINISTRATIVE CODE CERTIFICATE OF ADOPTION 

### 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

STATE OF NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY I, Michael J. Linder, Director, certify that the attached regulations are true and correct copies ofTitle 129 - Nebraska Air Quality Regulations. The amendments were the subject ofa hearing before the Environmental Quality Council on December 1, 2011, after notification in a newspaper having general circulation in the State of Nebraska. Action taken by the Council on this Title was as follows: Chapter Action 1 Amend 17 Amend 19 Amend 27 Amend

Dated this

## 1~4!Xday of December 2011.

Director

An Equal Opportunity/AffirmativeAction Employer Printed with soy ink on recycled paper**~** Last Filing Date January 4,2011 February 1, 2008 February 1, 2008 February 1, 2008



# - !!!!!! 

# -

### STATE OF NEBRASKA Dave Heineman Governor DEPARTMENT OF ENVIRONMENTALQUALITY Michael J. Linder Director Suite 400, The Atrium 1200 'N' Street P,O, Box 98922 

# MEMORANDUM Lincoln, Nebraska 68509-8922 Phone (402) 471-2186

FAX (402) 471-2909 website: www.deq.state.ne.us To: From: Date: RE: December 13, 2011 Title 129

- Nebraska Air Quality Regulations, Concise Explanatory Statement for December2011 EQC Hearing (Rehearing ofJune 2011 Proposals)
SHORTDESCRIPTION: At its December 2011 meeting, the EQC adopted the proposals listedbelow. The adoption followed are-hearing ofproposals adopted in June 2011, butrejectedbythe Attomey General due to amendments that were detennined to constitute substantive changes from the public-noticed proposals. The proposals adopted at the Decembermeetingwere exactlythose that had been public-noticed priorto the Decemberhearing. No adverse comments were received in response to the public notice and no adversetestimony was offered at the public hearing. TheAir QualityDivision proposed changes to Title 129 ofthe Nebraska Administrative Code that primarilyrelate to implementing the fine particulate matter (PM2,s) program. The substantive changes include (a) changes to definitions in Chapter 1related to baseline andbaseline date; regulated NSRpollutant; regulated pollutant for fee purposes; significant and significant emissions unit; (b) in Chapter 17, clarification that only pollutants specifically listed in state statute require a constructionpermit application fee; and, addition of PM2,5 to the table ofsignificant levels that, ifexceeded, would preclude the issuance ofa construction pemlit; (c) in Chapter 19, modification offederal regulations incorporated byreference; addition ofPM 2,5 tothe definition of"significant" for PSD purposes; addition ofPM 2,S to the list ofallowable ambient air increments for PSD purposes; addition ofPM2,5 parameters to the list ofexemptions from an air quality analysis for PSD purposes; and addition of definition ofsignificant impact levels for PM 2,s. RATIONALE: In May 2008 and October 2010, the United States Environmental Protection Agency (US EPA) finalized the key pieces ofthePrevention ofSignificant Deterioration (PSD) program so that states like Nebraska can make PSD permitting decisions to ensure attainment with the PM25 National Ambient Air Quality Standard. The elements proposed for incorporation into Title 129 are: pe1111itting thresholds for

An Equal Opportunity/AffirmativeAction Employer Printed with soy ink on recycled paper**~** ;;;;;;;;;;; !!!!!!!! 

# -direct emissions ofPM2 .5

, permitting thresholds for precursorpollutants l ofPM2.5, maximum allowable incremental increases to the ambient air quality (increments), and screening levels for exempting sources from further modeling ormonitoring analysis. These changes are consistent with the federal program. Federal regulations establish a May2011 deadline for states to submit these stateprogramupdates to EPA. While this deadline has passed, it is impOliant to submit staterules to EPA as soon as possible to avoid a deficiency notice from EPA. To fully and adequately implement the PM2 .5program, NDEQ proposed a change to the state minor source construction permittingprogram. Theproposed change includes a minor sourcepermitting threshold for PM2 .5. Like the otherpermittingthresholds, a level consistent with the significancethresholds for PSD was proposed. This is necessary to properly manage the increment requirements (maximum allowable deterioration to the air quality) ofthe PSD program and assure continued attainment with the PM2 .5NAAQS. Minor sources can cause, or contribute to, a violation ofthe PM2.5NAAQS and they consume increment. By implementing PM2.5pennittingrequirements for minor sources, the NDEQ will bebetterprepared to assure compliance with the PM2.5NAAQS and manage the available increment for future industrial growth. A minor clarification was proposed to the construction application fee provisions to clarify what pollutants are considered when determining the proper fee. Questions have beenraised recently, so theproposed languageprovides clarity and ensures consistency with state statute. Regulated sources impacted by the PM2.5rules include those sources that combust fossil fuels such as: electric generatingunits, chemical manufacturing, natural gas transport, industlial manufacturing and agricultural processing (meat packing, biofuel production, and soyproduction). Also impacted are sources involved in material processing such as grain elevators and mineral processing operations. At this time, NDEQ does not expect new sources to become subject to the pennittingprograms as a result ofthe rule. SECTION-BY-SECTION DESCRIPTION: Chapter 1, 021: Modifies the definition of"baseline area" to include an air impact parameter for PM2.5. Because the air impact for PM2 .5 is different than for pollutants originally covered (S02, N02, and PM1o), all relevant pollutants are now listed. Chapter 1, 081: Modifies the definition "major sourcebaseline date" to include the date for PM2.5.

1 Fine particles can be emitted directly from a facility or f0l111ed secondarily in the atmosphere from emissions ofother compounds referred to as precursors. Examples of precursor compounds include sulfur dioxide and nitrogen oxides which combine with other compounds to form fine particles.Chapter 1, 087: Modifies the definition "minor sourcebaseline date" to include the date for PM2.5. Chapter 1, 131.0l, 131.01A, 131.01B: Within the definition of"regulatedNSR pollutant", defines sulfur dioxide and nitrogen oxides as precursors to PM2 .5in all attainment and unclassifiable areas and refonnats the subsection related to ozone. Chapter 1, 132: Removes the phrase "inthe previous section" from the definition of "regulatedpollutant for fee purposes". Chapter 1, 140: Adds PM2.5 levels to list ofsignificant levels and also adds nitrogen oxides to the levels listed for ozone. Chapter 1, 142: Editorial change to reference numbers. Chapter 1, 143: Editorial change to reference numbers. Chapter 17, 001.01: Adds subsection 001.01B to providethe level ofemissions ofPM2 .5 at which a facility must obtain a state (minor source) constructionpennit for construction, reconstruction, ormodification ofa facility. Renumbers other subsections. Chapter 17, 003.01: Clarifies that emissions on which construction pennit application fees are based include fugitive emissions. Chapter 17, 003.02: Specifies emissions of"listed airpollutants" as those which are specificallyidentified in Nebraska State statute as requiring a fee to bepaid with a constructionpermit application. Chapter 17, 009.02: Adds PM2 .5annual and 24 hour levels to the list ofsignificant levels which, ifamajor source or major modification would exceed, would result in a constructionpermit not being issued. Chapter 19, 001: Incorporates byreference updated Federal Register reference to 40 CFR 52.21(p). Chapter 19, 004.05: Editorial change Chapter 19, 010: Reformats listing, bypollutant, ofincreased emissions considered significant. Chapter 19, 010.06: Adds amount ofincreased emission ofPM25 considered to be significant. Chapter 19, 010.07: Adds amount ofnitrogen oxides considered to be significant for ozone.

### Chapter 19, 010.07 through 010.18: Renumbered Chapter 19, 012.01: Adds level ofallowable increase in pollutant concentration over the baseline concentration for the PM2.5 

### annual arithmetic mean. Chapter 19, 012.02: Adds level ofallowable increase in pollutant concentration over the baseline concentration for the PM25 

### 24 hourmaximum. Chapter 19, 012.03 through 012.08: Renumbered Chapter 19, 016.07A3: Adds criteria for exempting PM2.5 

### from monitoring Chapter 19, 016.07A 4 : Editorial change. Chapter 19, 016.07AS through 016.07All: Renumbered Chapter 19, 016.08: Editorial change Chapter 19, 016.09:Editorial change Chapter 19, 018.01: Refonnatted Chapter 19, 018.02: Defines significant impact levels for PM2.5 

### annual average and 24- hour average. Chapter 27, 002: Editorial changes Chapter 27, 003: Editorial changes