APPROVED 

MAR 2 7 2012 !» 

\\ 

CI~ ~t >, DAVE HEINEMN 

GOVERNOll 

Title 129 - Department of Environmental Quality 

Chapter 1 - DEFINITIONS 

APPROVED 

JON BRUNING 

ATTOR~ZE~L 

BY ... ~:::::: .. ~ .................. : ....... .. 

A~~~~~.~.~~~~~.~.~~al 

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

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

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

meanings: 

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

002 "Actual emissions" for purposes other than the Prevention of Significant 

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

emissions unit as determined below: 

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

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

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

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

is more representative of normal source operation. Actual emissions shall be 

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

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

the selected time period. 

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

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

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

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

that date. 

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

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

emissions unit as determined in accordance with sections 003.01 through 003.03 

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

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

1-1 
APPROVED 

APPROVED JON BRUNING 

ATTOR~~NEj3AL 

MAR 27 2012 W 

I 

BY .... .a~ ........... ~ .... 

A~~~~~~.~~2~~~.~al ~o-'t~ CAVE HEINEMN l 

GOVERNOR 

Title 129 - Department of Environmental Quality 

Chapter 17 - CONSTRUCTION PERMITS - WHEN REQUIRED 

001 Except as provided under section 014 of this 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 PM10 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 of the two. 

001.01 D Forty (40) tons/year of oxides of nitrogen (calculated as N02). 

001.01 E Forty (40) tons/year of volatile 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 of ten (10) tons/year of any 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 . 

BY .... -/--1...~ ........................... . 

A~~~~~~ .. ~~WZ!2::.~.~.~al 

Chapter 19 - Prevention of Significant Deterioration of Air Quality (PSD) 

001 The following subsections of 40 CFR 52.21 published on July 1,2009 are 

incorporated by reference into Chapter 19 of Title 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 of Title 129. 

002 The reqUirements of this chapter apply to the construction of any new major 

stationary source or the major modification of any existing major stationary source, as 

defined in Chapter 2, section 008. The provisions of this 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 comply with the 

requirements of this chapter. 

004 For any construction project at an existing major stationary source, the owner or 

operator must determine if the 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) for each 

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 201l 
APPROVED 

MAR 27 2012 bO 

I 

~~~ DAVE HEINEMAlJ 

GOVSiNOIl 

ri~<--·:-:-';;-:-:-f~:';"·:-:-)"·~·--l APPROVED .. t- II ., I . ., '.,. -"... JON BRUNING : 1-·' .... ···~l i 

1 i tIM 2 12012 I ,.1 ~~~~~~~~.: ~ I . i, Assistant Atto~~eneral • .---.. ~-;. " ..2 '? I" i; z;rc~:~~;~'!l DATE ........... - .. .!.'~ . ./:~ ........... . ~~."'~ ,.~~ ... '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 of these regulations, Sections 63.70 through 

63.81 of Title 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 of a source with the potential to emit any 

hazardous air pollutant in an amount equal to or in excess of two and one-half (2.5) 

tons/year or more of any hazardous air pollutant or an aggregate of ten (10.0) tons/year 

or more of any hazardous air pollutants only if best available control technology 

(BACT), as determined by the Director, is applied for each hazardous air pollutant and 

the source will comply with all other requirements of these 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 of these regulations. 

003.01 For purposes of this 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. 

27-1 
Dave 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 Dept of 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 Office filed the regulations with the Secretary of State'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 paper 
STATE 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 

Dear Annette, 

FEB 1 7 2012 

Nebraska Dept of Environmental 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 or concerns regarding these regulations. 

Sincerely, 

JON BRUNING 

Attorney General 

Kevin L. Griess 

Assistant Attorney General 

Agriculture, Natural Resources & 

Environment Section 

Printed wth soy ink on recycled paper 
Dave 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 of Title 129 - Nebraska Air Quality Regulations. The 

amendments were the subject of a 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!X day of December 2011. 

Director 

An Equal Opportunity/Affirmative Action 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 ENVIRONMENTAL QUALITY 

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 December 2011 EQC Hearing (Rehearing of June 2011 

Proposals) 

SHORT DESCRIPTION: At its December 2011 meeting, the EQC adopted the 

proposals listed below. The adoption followed are-hearing of proposals adopted in June 

2011, but rejected by the Attomey General due to amendments that were detennined to 

constitute substantive changes from the public-noticed proposals. The proposals adopted 

at the December meeting were exactly those that had been public-noticed prior to the 

December hearing. No adverse comments were received in response to the public notice 

and no adverse testimony was offered at the public hearing. 

The Air Quality Division proposed changes to Title 129 of the Nebraska Administrative 

Code that primarily relate to implementing the fine particulate matter (PM2,s) program. 

The substantive changes include (a) changes to definitions in Chapter 1 related to 

baseline and baseline date; regulated NSR pollutant; 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 construction permit application fee; 

and, addition of PM2,5 to the table of significant levels that, if exceeded, would preclude 

the issuance of a construction pemlit; ( c) in Chapter 19, modification of federal 

regulations incorporated by reference; addition of PM 2,5 to the definition of "significant" 

for PSD purposes; addition of PM 2,S to the list of allowable ambient air increments for 

PSD purposes; addition ofPM2,5 parameters to the list of exemptions from an air quality 

analysis for PSD purposes; and addition of definition of significant 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 ofthe Prevention of Significant 

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/Affirmative Action Employer 

Printed with soy ink on recycled paper ~ 

;;;;;;;;;;; 

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direct emissions ofPM2.5, permitting thresholds for precursor pollutantsl ofPM2.5, 

maximum allowable incremental increases to the ambient air quality (increments), and 

screening levels for exempting sources from further modeling or monitoring analysis. 

These changes are consistent with the federal program. Federal regulations establish a 

May 2011 deadline for states to submit these state program updates to EPA. While this 

deadline has passed, it is impOliant to submit state rules to EPA as soon as possible to 

avoid a deficiency notice from EPA. 

To fully and adequately implement the PM2.5 program, NDEQ proposed a change to the 

state minor source construction permitting program. The proposed change includes a 

minor source permitting threshold for PM2.5. Like the other permitting thresholds, a level 

consistent with the significance thresholds for PSD was proposed. This is necessary to 

properly manage the increment requirements (maximum allowable deterioration to the air 

quality) of the PSD program and assure continued attainment with the PM2.5 NAAQS. 

Minor sources can cause, or contribute to, a violation of the PM2.5 NAAQS and they 

consume increment. By implementing PM2.5 pennitting requirements for minor sources, 

the NDEQ will be better prepared to assure compliance with the PM2.5 NAAQS 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 

been raised recently, so the proposed language provides clarity and ensures consistency 

with state statute. 

Regulated sources impacted by the PM2.

5 rules include those sources that combust fossil 

fuels such as: electric generating units, chemical manufacturing, natural gas transport, 

industlial manufacturing and agricultural processing (meat packing, biofuel production, 

and soy production). 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 pennitting programs as a result of the 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 source baseline 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 of other 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 source baseline date" to include the date 

for PM2.5. 

Chapter 1, 131.0l, 131.01A, 131.01B: Within the definition of "regulated NSR 

pollutant", defines sulfur dioxide and nitrogen oxides as precursors to PM2.

5 in all 

attainment and unclassifiable areas and refonnats the subsection related to ozone. 

Chapter 1, 132: Removes the phrase "in the previous section" from the definition of 

"regulated pollutant for fee purposes". 

Chapter 1, 140: Adds PM2.5 levels to list of significant 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 provide the level of emissions ofPM2.5 

at which a facility must obtain a state (minor source) construction pennit for construction, 

reconstruction, or modification of a 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 air pollutants" as those which are 

specifically identified in Nebraska State statute as requiring a fee to be paid with a 

construction permit application. 

Chapter 17, 009.02: Adds PM2.5 annual and 24 hour levels to the list of significant levels 

which, if a major source or major modification would exceed, would result in a 

construction permit not being issued. 

Chapter 19, 001: Incorporates by reference updated Federal Register reference to 40 

CFR 52.21(p). 

Chapter 19, 004.05: Editorial change 

Chapter 19, 010: Reformats listing, by pollutant, of increased emissions considered 

significant. 

Chapter 19, 010.06: Adds amount of increased emission ofPM25 considered to be 

significant. 

Chapter 19, 010.07: Adds amount of nitrogen oxides considered to be significant for 

ozone. 
Chapter 19, 010.07 through 010.18: Renumbered 

Chapter 19, 012.01: Adds level of allowable increase in pollutant concentration over the 

baseline concentration for the PM2.5 annual arithmetic mean. 

Chapter 19, 012.02: Adds level of allowable increase in pollutant concentration over the 

baseline concentration for the PM25 24 hour maximum. 

Chapter 19, 012.03 through 012.08: Renumbered 

Chapter 19, 016.07A3: Adds criteria for exempting PM2.5 from monitoring 

Chapter 19, 016.07 A 4 : Editorial change. 

Chapter 19, 016.07 AS through 016.07 All: 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