Mr. William W. Rice 

Acting Regional Administrator 

U.S . EPA, Region VII 

901 North 5t1' Street 

Kansas City, IM 66101 

1~ S 

May 18, 2009 

Dear Mr. Rice : 

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 

APDB RECEIVED 

MAY 2 7 2009 

In June, 2005, the Nebraska Environmental Quality Council adopted revisions to Title 

129 - Nebraska Air Quality Regulations. The state followed all applicable administrative 

procedures in proposing and adopting the rules, in accordance with the Nebraska 

Administrative Procedures Act, Neb. Rev. Stat . §84-901 et . seq. and the Nebraska 

Environmental Protection Act, Neb. Rev. Stat . §81-1505. 

The Nebraska Environmental Quality Council adopted the enclosed rules after 

considering testimony received at a public hearing on June 2, 2005. The rules were 

subsequently reviewed and approved by Nebraska's Attorney General. Finally, the rules 

were signed by the Governor of the State of Nebraska on September 20, 2005 and 

became effective five days later, on September 25, 2005 . 

The Nebraska Department of Environmental Quality (NDEQ) requests that the United 

States Environmental Protection Agency (EPA) amend Nebraska's State Implementation 

Plan (SIP) to (a) include new rules as submitted and (b) replace current rules in the SIP 

with amended rules as submitted. NDEQ also requests that the EPA amend the Nebraska 

Title V Program to include these changes. 

Enclosed are the documents required for detennination of plan completeness per 40 CFR 

Part 51, Appendix V. 

Thank you for your attention to this matter . If you have questions regarding this 

submittal, please contact Shelley Kaderly, Air Quality Division Administrator at 402-

471-4299 . 

Director 

Dave Heineman 

Governor 

ichael J. Lind 

An Equal Opportunity/Affirmative Action Employer 

Printed with soy ink on recycled paper 6 
Enclosures : 

Attachment 1: SIP Completeness Checklist 

Attachment II : Section-by-section explanation of changes as submitted to the 

Attorney General following adoption by the Environmental 

Quality Council . This attachment includes a "cross-out, 

underscore" version of the proposed regulatory changes. 

Attachment III: Copy of Public notice and affidavit of publication. 

Attachment IV: Copy of certificate of adoption by the Environmental Quality 

Council. 

Attachment V: Copy of Neb. Rev. Stat . §81-1505 .06 which is the legal authority 

to impose construction permit application fees as shown in Title 

129, Chapter 17. 

Attachment VI : Copy of Request for Approval by Governor showing summary of 

public comments and agency responses. 

Attachment VII: Copy of transmission letter from Governor showing date of 

adoption of changes. 

Attachment VIII: Copy of revised regulations showing stamps and signatures by the 

Attorney General and Governor (regulations become effective five 

days after the Governor signs them) . 

xc : Ms. Chrissy Wolfersberger, EPA Region VII 
Attachment I 

SIP COMPLETENESS CHECKLIST 

Circle YES or-NO behind each number or letter to determine if a formal SIP revision submittal is complete. 

If the SIP submission is being parallel processed, circle YES or NO behind only the~numbers with an *. 

1 . Submittal letter (Governor or designee) YES NO 

2 . Evidence of adoption which contains : 

a. Actual copy of regulatory changes 

b . Date adopted 

c. Date effective 

d . Signatory requirements 

*e. If parallel processing, schedule for final 

adoption or issuance 

*£ Copy of the proposed/draft regulations 

*3 . Legal authority (evidence that state has necessary 

legal authority to adopt and implement revision) 

4. Copy of public notice 

5 . Certification that public hearing was held 

6. Compilation of public comments and state 

responses 

NO 

NO 

<Y NO 

ES NO 

NO 

NO 

A /~ 

NO 

YES NO 

NO 

NO 

Does TECHNICAL SUPPORT DOCUMENT contain the following:* 

1 . Pollutants affected by the change YES NO 

2 . Sources affected YES NO 

3 . Quantification of the changes in emissions YES NO 

(actual/allowable) 

4 . Demonstration of protection: NAAQS YES NO 

PSD increments YES NO 

RFP YES NO 

Visibility YES NO 

5 . Full modeling information YES NO 

6. Evidence, where necessary, that emission 

limitations are based on continuous emission 

reduction technology. YES NO 

7 . Evidence that a revision contains emission 

limitations, work practice standards, and 

recordkeeping/reporting requirements YES NO 

8 . Compliance/enforcement strategies including 

how compliance will be determined in practice, 

and at what frequency. YES NO 

9 . As appropriate, special economic and technological YES NO 
Dave Heineman 

Gouernor 

STATE OF NEBRASKA 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

MEMORANDUM 

To : 

From: 

Jon Bruning, Attorney Gene, 

Shelley Kaderly 

1 

Division Administrator 

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 

Date : June 22, 2005 

RE: Title 129 - Nebraska Air Quality Regulations, Concise Explanatory 

Statement for June 2005 EQC Hearing 

SHORT DESCRIPTION: The purpose of this memorandum is to provide an explanation 

of amendments to Title 129 that were adopted by the Environmental Quality Council 

(EQC) on June 2, 2005 . The amendments (a) revise the definition of volatile organic 

compound in Chapter 1 ; (b) adopt changes to Chapter 17 to clarify language and to 

incorporate rules related to construction permit application fees ; (c) adopt, by reference, 

several Maximum Achievable Control Technology (MACT) standards in Chapter 28 ; and 

(d) clarify language related to open fires and add an exception to the open fire ban for 

fires used for religious activities . 

RATIONALE: The United States Environmental Protection Agency (EPA) recently 

deleted five chemical compounds from its definition of regulated volatile organic 

compounds. At the request of more that one Nebraska source, this change was 

incorporated into the Nebraska definition . In 2004, the Nebraska Legislature adopted 

application fees for construction permits into statute. Chapter 17 has been amended to 

include the fees in regulation. Other changes in Chapter 17 clarify language to increase 

the efficiency in the operation of the construction permit program. Maximum Achievable 

Control Technology standards, which have been adopted by reference, have been in 

effect at the federal level for at least nine months . These standards are not expected to be 

challenged in court, so are considered safe to adopt as they currently exist. Recently, an 

issue was raised regarding the application of the NDEQ ban on open fires to a Native 

American sweat lodge. The rules in Chapter 30 have been amended to allow fires used 

for religious activities to be exempt from the ban. 

ANALYSIS OF IMPACT: Changing the definition of volatile organic compound allows 

certain Nebraska sources to use the exempted compounds, particularly t-butyl acetate, 

operate in a more environmentally beneficial manner. T-butyl acetate can be used to 

An Equal Opportunity/Affirmative Action Employer 

Printed with soy ink on recycled paper 6 
replace toluene and xylene in many applications, thus reducing emissions of hazardous 

air pollutants . The adoption of federal MACT standards allows NDEQ to regulate and 

enforce compliance with these standards and allow sources subject to these standards to 

deal with NDEQ on matters related to the standards, rather than having to deal with the 

federal EPA office in Kansas City. Incorporating the statutory construction application 

fees into Title 129 allows sources to see all permitting requirements in one place, rather 

than having to look both in the rules and in the statute. The exemption from the open 

burning ban for religious activities will lessen confusion in enforcement of the ban. 

SECTION-BY-SECTION DESCRIPTION: 

Chapter 1, 121 : Adds five chemical compounds to the list of volatile organic compounds 

in the definition, which have been determined to have negligible photochemical 

reactivity. The added compounds include 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro2-(trefluoromethyl) hexane (known as HFE-7500, HFE-s702, T-7145, and L-15381); 

1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (n-C3F7OCH3) (known as HFE-7000); 

1,1,1,2,3,3,3-heptafluoropropane (known as HFC 227ea); methyl formate (HCOOCH3); 

and t-butyl acetate (known at tertiary butyl acetate or TBAC). The U.S . EPA final rule 

adding these compounds to the list of those having negligible photochemical reactivity 

was effective December 29, 2004. The compounds in the list are exempt from regulations 

covering volatile organic compounds. 

Chapter 17, 001 .01 : Replaces the undefined term "air contaminant" with the appropriate 

term "stationary" and clarifies that the rule applies to a net increase at the stationary 

source . 

Chapter 17, 001 .01A: This section is being removed and replaced by a new section 015 

which more clearly delineates the uses of the construction permit process as a vehicle to 

accomplish other permitting needs when a construction permit is not actually required . 

Chapter 17, 001 .O1B: Spells out the chemicals sulfur dioxide and sulfur trioxide rather 

than just identifying them by symbols. 

Chapter 17, 001 .01 G: Provides the relevant cross-reference to Chapter 27. 

Chapter 17, 001 .02 : Broadens terminology to include other aspects of applicability 

besides just the net change in potential emissions. 

Chapter 17, 002.01 : This section is moved to section 011 since it relates to approved 

permits . 

Chapter 17, 003 .01 : Adopts into Title 129 the construction permit application fee 

structure adopted by the Nebraska Legislature in 2004 at Neb. Rev. Stat . § 81-1505 .06 . 

Chapter 17, 009.01 : Clarifies the wording in specifying reasons for disapproving an 

application for a construction permit . 
Chapter 17, 011 : The wording formerly at 002 .01 is moved here where it fits more 

logically. 

Chapter 17, 015 : Delineates uses for the construction permit process to be used as a 

vehicle to accomplish other permitting needs when a construction permit is not actually 

required, including in 015.01 to establish enforceable limits to avoid otherwise applicable 

regulatory provisions, or in 015 .02, to modify existing construction permits to incorporate 

modifications that cannot be processed under the provisions of section 014. 

Chapter 28, 001 .02: Adopts, by reference, the July 19, 2004 revisions to the federal 

MACT standard for Chromium Emissions from Hard and Decorative Chromium 

Electroplating and Chromium Anodizing Tanks, 40 CFR 63, Subpart N. 

Chapter 28, 001 .49 : Adopts, by reference, the September 3, 2004 revisions to the federal 

MACT standard for Secondary Aluminum Production, 40 CFR 63, Subpart RRR. 

Chapter 28, 001 .52 : Adopts, by reference, the September 1, 2004 revisions to the federal 

MACT standard for Solvent Extraction for Vegetable Oil Production, 40 CFR 63, 

Subpart GGGG. 

Chapter 28, 001 .77 : Adopts, by reference, the federal MACT standard for Site 

Remediation, 40 CFR 63, Subpart GGGGG. 

Chapter 28, 001 .78 : Adopts, by reference, the federal MACT standard for Miscellaneous 

Organic Chemical Manufacturing, 40 CFR 63, Subpart FFFF. 

Chapter 28, 001 .79: Adopts, by reference, the federal MACT standard for Metal Can 

Surface Coating, 40 CFR 63, Subpart KKKK. 

Chapter 28, 001 .80: Adopts, by reference, the federal MACT standard for 

Miscellaneous Coating Manufacturing, 40 CFR 63, Subpart HHHHH. 

Chapter 28, 001 .81 : Adopts, by reference, the federal MACT standard for Miscellaneous 

Metal Parts Surface Coating, 40 CFR 63, Subpart nRVIMM. 

Chapter 28, 001 .82: Adopts, by reference, the federal MACT standard for Lime 

Manufacturing, 40 CFR 63, Subpart AAAAA. 

Chapter 28, 001 .83 : Adopts, by reference, the federal MACT standard for Organic 

Liquids Distribution (Non0gasoline), 40 CFR 63, Subpart EEEE. 

Chapter 28, 001 .84: Adopts, by reference, the federal MACT standard for Stationary 

Combustion Turbines, 40 CFR 63, Subpart YYYY. 
Chapter 28, 001 .85 : Adopts, by reference, the federal MACT standard for Surface 

Coating of Plastic Parts and Products, 40 CFR 63, Subpart PPPP. 

Chapter 28, 001 .86: Adopts, by reference, the federal MACT standard for Iron and Steel 

Foundries, 40 CFR 63, Subpart EEEEE. 

Chapter 28, 001 .87: Adopts, by reference, the federal MACT standard for Surface 

Coating of Automobiles and Light Duty Trucks, 40 CFR 63, Subpart IIII . 

Chapter 28, 001 .88 : Adopts, by reference, the federal MACT standard for Reciprocating 

Internal Combustion Engines, 40 CFR 63, Subpart ZZZZ. 

Chapter 28, 001 .89: Adopts, by reference, the federal MACT standard for Plywood and 

Composite Wood Products Surface Coating, 40 CFR 63, Subpart DDDD. 

Chapter 28, 001 .90 : Adopts, by reference, the federal MACT standard for Commercial, 

Industrial, and Institutional Boilers and Process Heaters, 40 CFR 63, Subpart DDDDD. 

Chapter 30, 002.01 : Expands allowable exceptions to the NDEQ open fire ban to include 

fires set solely for religious activities . This change is intended to end confusion about the 

allowability of fires used in sweat lodge ceremonies. 

Chapter 30, 002.07: Clarifies that types of fires listed under this section require an open 

fire permit issued by the Department . 

Chapter 30, 002.07E: Clarifies that untreated wood and trees burned at a community land 

disposal site must be in a location separate from materials at the site not being burned. 

Chapter 30, 002.08: Alters the wording to state that violation of a burn permit may result 

in withdrawal of the permit. The existing wording stating that a violation " will result in 

immediate withdrawal of the permit" is inconsistent with normal enforcement 

procedures, which allow for case-by-case discretion. 
NEBRASKA ADMINISTRATIVE CODE 

Title 129 - Department of Enviromnental Quality 

Chapter 1 - DEFINITIONS 

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" 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 

detennination 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 "Administrator" means the Administrator of the Agency or his or her designee. 

004 "Affected facility" means, with reference to a stationary source, any apparatus 

to which a standard of performance is specifically applicable. 

Proposed revisions for June 2005 on pages 1-26, 1-27 . 1-1 
Title 129 

Chapter 1 

005 "Affected source" means a source that includes one or more affected units. 

006 "Affected States" means all States that : 

006.01 Are one of the following contiguous States : Colorado, Iowa, Kansas, 

Missouri, South Dakota, and Wyoming, and in the judgment of the Director 

may be affected by emissions from a facility seeking a Class I permit, 

modification, or renewal; or 

006 .02 Are a contiguous State within 50 miles of the permitted source . 

007 "Affected unit" means a unit that is subject to emission reduction requirements 

or limitations under Chapter 26. 

008 "Agency" means the Environmental Protection Agency (EPA) . 

009 "Air contaminant" or "Air contamination" means the presence in the outdoor 

atmosphere of any dust, fumes, mist, smoke, vapor, gas, or other gaseous fluid, or 

particulate substance differing in composition from or exceeding in concentration 

the natural components of the atmosphere. 

010 "Air pollutant" or "air pollution" means the presence in the outdoor 

atmosphere of one or more air contaminants or combinations thereof in such 

quantities and of such duration as are or may tend to be injurious to human, plant or 

animal life . 

011 "Air pollution control agency" means any of the following: 

011 .01 The Department designated by statute as the official state air 

pollution control agency for purposes of Neb. Rev. Stat . Sections 81-1501 to 

81-1532 ; 

011 .02 An agency established by two or more states and having substantial 

powers or duties pertaining to the prevention and control of air pollution; 

1-2 Proposed revisions for June 2005 on pages 1-26, 1-27 . 
Title 129 

Chapter 1 

011 .03 A city, county, or other local government health authority; or in the 

case of any city, county, or other local governunent in which there is an 

agency other than the health authority charged with responsibility for 

enforcing ordinances or laws relating to the prevention and control of air 

pollution, such other agency; or 

011 .04 An agency of two or more municipalities located in the same state or 

in different states and having substantial powers or duties pertaining to the 

prevention and control of air pollution. 

012 "Air Quality Control Region" means a region designated by the Governor, 

with the approval of the Administrator, for the purpose of assuring that national 

primary and secondary ambient air quality standards will be achieved and 

maintained . Within one year after the promulgation of a new or revised National 

Ambient Air Quality Standard, The Governor must designate each region as nonattainment, attainment, or unclassifiable . The Administrator must approve the 

designations . 

_013 "Allowable emissions" means the emissions rate of a stationary source 

calculated using the maximum rated capacity of the source (unless the source is 

subject to federally enforceable limits which restrict the operating rate, or hours of 

operation, or both) and the most stringent of the following: 

013 .01 The applicable standards set forth M40 CFR Parts 60 (Standards of 

Performance for New Stationary Sources) or Parts 61 or 63 (National 

Emission Standards for Hazardous Air Pollutants) ; 

013 .02 Any applicable State Implementation Plan emissions limitation 

including those with a future compliance date; or 

013 .03 The emissions rate specified as a federally enforceable permit 

condition, including those with a future compliance date. 

Proposed revisions for June 2005 on pages 1-26, 1-27 . 1-3 
Title 129 

Chapter 1 

014 "Ambient air" means the portion of the atmosphere, external to buildings, to 

which the general public has access . 

015 "AP-42" refers to the Compilation of Air Pollutant Emission Factors, 

published by the EPA Office of Air Quality Planning and Standards . It contains 

emission factors and process information for more than 200 air pollution source 

categories . 

016 "Applicable requirement" means all of the following as they apply to 

emissions units in a source required to obtain an operating permit, including 

requirements that have been promulgated and approved by the Council through 

rule-making at the time of issuance but have future-effective compliance dates: 

016.01 Any standard or other requirement provided for in the applicable 

implementation plan that implements the relevant requirements of the Act, 

including any revisions to that plan promulgated in 40 CFR part 52 ; 

016 .02 Any term or condition of any preconstruction pennits; 

016 .03 Any standard or other requirement under Chapter 18 relating to 

standards of perfonnance for new stationary sources; 

016 .04 Any standard or other requirement established pursuant to Section 

112 of the Act and regulations adopted by the Council in Chapters 23, 27 and 

28 relating to hazardous air pollutants listed in Appendix II ; 

016.05 Any standard or other requirement of the acid rain program under 

Chapter 26 ; 

016.06 Any requirements established under Chapter 31 or pursuant to any 

pen-nit or order issued by the Director under this Title; 

016.07 Any standard or other requirement governing solid waste incineration 

under Chapter 18 or pursuant to Section 129(e) of the Act and regulations 

adopted by the Council; 

1-4 Proposed revisions for June 2005 on pages 1-26, 1-27 . 
Title 129 

Chapter 1 

016.08 Any standard or other requirement for consumer and commercial 

products established under Section 183(e) of the Act and regulations adopted 

by the Council; 

016.09 Any standard or other requirement for tank vessels established under 

Section 183(f) and regulations adopted by the Council; 

016 .10 Any standard or other requirement to protect stratospheric ozone as 

promulgated pursuant to Title VI of the Act and regulations adopted by the 

Council. 

016.11 Any national ambient air quality standard or increment or visibility 

requirement under Chapter 19 but only as it would apply to temporary 

sources permitted pursuant to Chapter 10 . 

016 .12 "Applicable requirements under the Act" means federal regulations 

promulgated pursuant to the Clean Air Act, as amended, which have not been 

considered and adopted by the Council. 

017 "Area source" means: 

017.01 For the purposes of Class I permits under Chapter 5, .001 .01C, any 

stationary source of hazardous air pollutants that is not a major source and as 

more particularly defined by National Emission Standards for Hazardous Air 

Pollutants promulgated under 40 C.F .R. Part 63 and adopted by the Council. 

017 .02 For all other purposes, any small residential, govenunental, 

institutional, commercial, or industrial fuel combustion operation; on-site 

waste disposal facility, vessels, or other transportation facilities ; or other 

miscellaneous sources, as identified through inventory techniques approved 

by the Director . 

017.03 Area source shall not include motor vehicles or nonroad vehicles . 

Proposed revisions for June 2005 on pages 1-26, 1-27 . 1-5 
Title 129 

Chapter 1 

018 "Begin actual construction" means in general, initiation of physical on-site 

construction activities on an emissions unit which are of a permanent nature . Such 

activities include, but are not limited to, installation of building supports and 

foundations, laying of underground pipework, and construction of permanent 

storage structures . With respect to a change in method of operating this term refers 

to those on-site activities other than preparatory activities which mark the initiation 

of the change. 

019 "Best Available Control Technology" means an emission limitation or a 

design, equipment, work practice, operational standard or combination thereof, 

which results in the greatest degree of reduction of a pollutant, as determined by the 

Director to be achievable by a source, on a case-by-case basis, taking into account 

energy, public health, environmental and economic impacts and other costs . 

020 "Building, structure, or facility" means all of the pollutant-emitting activities 

which belong to the same industrial grouping, are located on one or more 

contiguous or adjacent properties, and are under the control of the same person (or 

persons under common control). Pollutant-emitting activities shall be considered as 

part of the same industrial grouping if they belong to the same "Major Group" (i .e ., 

which have the same two-digit code) as described in the Standard Industrial 

Classification Manual, 1987. 

021 "Class I operating permit" means any pen-nit or group of permits covering a 

Class I source that is issued, renewed, amended, or revised pursuant to this Title. 

022 "Class I source" means any source subject to the Class I pennitting 

requirements of Chapter 5 . 

023 "Class II operating permit" means any pen-nit or group of permits covering a 

Class 11 source that is issued, renewed, amended, or revised pursuant to this Title. 

_024 "Class II source" means any source subject to the Class 11 permitting 

requirements of Chapter 5 . 

1-6 Proposed revisions for June 2005 on pages 1-26, 1-27 . 
Title 129 

Chapter 1 

025 "Commence" as applied to construction, reconstruction, or modification of a 

stationary source means that the owner or operator has all necessary preconstruction 

approvals and either has: 

025.01 Begun, or caused to begin, a continuous program of physical on-site 

construction of the source to be completed within a reasonable time; 

025 .02 Entered into binding agreements or contractual obligations, which 

cannot be cancelled or modified without substantial loss to the owner or 

operator, to undertake a program of construction of the source to be 

completed within a reasonable time. 

_026 "Construction" means any physical change or change in the method of 

operation (including fabrication, erection, installation, demolition, or modification 

of an emissions unit) which would result in a change in actual emissions . 

_027 "Consumer Price Index" or "CPI" means the average of the Consumer Price 

Index for all urban consumers published by the United States Department of Labor 

at the close of the twelve-month period ending on August 31 of each year. 

_028 "Control" and "controlling" means prohibition of contaminants as related to air 

pollution. 

_029 "Control strategy" means a plan to attain National Ambient Air Quality 

Standards or to prevent exceeding those standards. 

030 "Council" means the Environmental Quality Council . 

031 "Department" means the Department of Environmental Quality. 

032 "Designated representative" means a responsible natural person authorized by 

the owners and operators of an affected source and of all affected units at the 

source, as evidenced by a certificate of representation submitted in accordance with 

Subpart B of 40 CFR part 72, to represent and legally bind each owner and 

operator, as a matter of federal law, in matters pertaining to the Acid Rain Program. 

Proposed revisions for June 2005 on pages 1-26, 1-27 . 

1-7 
Title 129 

Chapter 1 

Whenever the term "responsible person" is used in this Title, it shall be deemed to 

refer to the "designated representative" with regard to all matters under the Acid 

Rain Program. 

033 "Deviation" means a departure from an indicator range or work practice for 

monitoring, consistent with any averaging period specified for averaging the results 

of the monitoring. 

034 "Director" means the Director of the Department of Environmental Quality or 

his or her designee. 

035 "Draft permit" means the version of a permit for which the permitting 

authority offers public participation and, in the case of a Class I draft operating 

pen-nit, affected State review. 

036 "Elevated terrain" means terrain, which may affect the calculation of good 

engineering practice stack height . 

037 "Emission data" means chemical analysis of process fuel and the 

manufacturing or production process, as well as operational procedures and actual 

nature and amounts of emissions. 

038 "Emission limitation" and "Emission standard" mean a requirement 

established pursuant to this Title, the State Act, or the Administrator which limits 

the quantity, rate, or concentration of emissions of air pollutants on a continuous 

basis, including any requirements which limit the level of opacity, prescribe 

equipment, set fuel specifications, or prescribe operation or maintenance 

procedures for a source to assure continuous emission reduction. 

039 "Emissions allowable under the permit" means a federally enforceable pennit 

term or condition determined at issuance to be required by an applicable 

requirement that establishes an emissions limit (including a work practice standard) 

or a federally enforceable emissions cap that the source has assumed to avoid an 

applicable requirement to which the source would otherwise be subject. 

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Title 129 

Chapter 1 

_040 "Emissions unit" means any part or activity of a stationary source, which emits 

or would have the potential to emit any regulated air pollutant or any pollutant 

listed in Appendix 11 . This term is not meant to alter or affect the definition of the 

"unit" for purposes of Chapter 26. 

_041 "Emissions" means releases or discharges into the outdoor atmosphere of any 

air contaminant or combination thereof. 

042 "Existing source" means equipment, machines, devices, articles, contrivances, 

or installations which are in being on the effective date of these regulations. 

043 "Federally enforceable" means all limitations, conditions, and requirements 

within any applicable State Implementation Plan, any permit requirements 

established in any permit issued pursuant to this Title, and any requirements in 

Chapters 18 and 23, 27, or 28 which are enforceable by the Administrator. 

044 "Final permit" means the version of a permit issued by the Department that has 

completed all review procedures required by Chapter 14, and for a Class I permit, 

Chapter 13 . 

045 "Fixed capital cost" means the capital needed to provide all the depreciable 

components of a source . 

_046 "Fuel burning equipment" means any furnace, boiler, apparatus, stack and all 

associated equipment, used in the process of burning fuel . 

047 "Fugitive dust" means solid airborne particulate matter emitted from any 

source other than a flue or stack. 

048 "Fugitive emissions" means those emissions which could not reasonably pass 

through a stack, chimney, vent, or other functionally equivalent opening. 

049 "General permit" means a Class I or Class II operating permit that meets the 

requirements of Chapter 9. 

Proposed revisions for June 2005 on pages 1-26, 1-27 . 

1-9 
Title 129 

Chapter 1 

050 "Hazardous air pollutant" means any air pollutant: 

050.01 listed in Appendix II, or 

050.02 to which no ambient air quality standard is applicable and which in 

the judgment of the Director may cause, or contribute to, an increase in 

mortality or an increase in serious irreversible, or incapacitating reversible, 

illness. 

_051 "Incinerator" means any furnace used in the process of burning solid waste, 

except for a furnace owned and operated by law enforcement agencies solely to 

dispose of ammunition, fireworks or similar flammable or explosive materials . 

052 "Insignificant activities" refers to activities and emissions that may be 

excluded from reporting for operating permit applications and/or emissions 

inventories. Emissions exempted from reporting requirements must still be included 

in the detennination of whether a source must obtain a Class I or Class II operating 

permit . 

053 "Installation" means an identifiable piece of process equipment. 

054 "Interstate air pollution control agency" means: 

054.01 An air pollution control agency established by two or more states ; or 

054.02 An air pollution control agency of two or more political subdivisions 

located in different states . 

055 "Local agency" means any air pollution control agency in this state, other than 

a state agency, which is charged with responsibility for carrying out part of a plan. 

056 "Low emitter" refers to a facility that has a potential to emit any regulated 

pollutant above the major source threshold (Class I operating pen-nit level), but has 

actual emissions below the levels requiring a Class 11 operating permit . 

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Title 129 

Chapter 1 

_057 "Lowest Achievable Emission Rate (LAER)" means, for any source, the more 

stringent emission rate from either : 

057 .01 The most stringent emission limitation contained in the 

implementation plan of any state for such class or category of sources (as 

adopted by the Council) unless the owner or operator of the proposed source 

demonstrates that such limitations are not achievable ; or 

057.02 The most stringent emission limitation which is achieved in practice 

by such class or category of source and adopted by the Council. These 

limitations, when applied to a modification, means the lowest 

achievable emissions rate for the new or modified emissions units within the 

stationary source . In no event shall the application of this term permit a 

proposed inew or modified stationary source to emit any pollutant in excess of 

the amount allowable under an applicable new source standard of 

perfonnance. 

058 "Major modification" means any physical change in or change in the method 

of operation of a major stationary source that would result in a significant net 

emissions increase of-any pollutant subject to regulation under the Act. 

058.01 Any net emissions increase that is considered significant for volatile 

organic compounds shall be considered significant for ozone. 

058 .02 A physical change or change in the method of operation shall not 

include: 

058 .02A Routine maintenance, repair and replacement; 

058.02B Use of an alternative fuel or raw material by reason of an 

order under sections 2(a) and (b) of the Energy Supply and 

Environmental Coordination Act of 1974 (or any superseding 

legislation) or by reason of a natural gas curtailment plan pursuant to 

the Federal Energy Regulatory Act; 

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058 .02C Use of an alternative fuel by reason of an order or rule under 

section 125 of the Act; 

058.02D Use of an alternative fuel at a steam-generating unit to the 

extent that the fuel is generated from municipal solid waste; 

058 .02E Use of an alternative fuel or raw material by a stationary 

source which: 

058.02E1 The source was capable of accommodating before 

December 21, 1976, unless such change would be prohibited 

under any federally enforceable permit condition, which was 

established after December 21, 1976, pursuant to 40 CFR 

52.21 or under regulations approved pursuant to 40 CFR Part 51, 

Subpart I or 40 CFR 51 .166; or 

058 .02E2 The source is approved to use under any pen-nit issued 

under regulations approved pursuant to 40 CFR 51 .165. 

058 .02F An increase in the hours of operation or in the production 

rate, unless such change is prohibited under any federally enforceable 

pen-nit condition, which was established after December 21, 

1976, pursuant to 40 CFR 52 .21 or regulations approved pursuant to 40 

CFR Part 51, Subpart 1; or 

058.02G Any change in ownership at a stationary source . 

059 "Major stationary source" or "major source" means any source identified in 

Chapter 2 . 

060 "Maximum achievable control technology (MACT)" means : 

060.01 For new sources, the emission limitation reflecting the maximum 

degree of reduction in hazardous air pollutant emissions that is deemed 

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Chapter 1 

achievable, which is no less stringent than the emission limitation achieved in 

practice by the best controlled similar source . 

060.02 For existing sources, the emission limitation reflecting the maximum 

degree of reduction in hazardous air pollutant emissions that the Director, 

taking into consideration the cost of achieving such emission reductions, and 

any non-air quality health and environmental impacts and energy 

requirements, determines is achievable by sources in the category or 

subcategory, which is no less stringent than the average emission limitation 

achieved by the best performing 12 percent of the existing sources, as 

determined pursuant to section 112(d)(3) of the Act. 

_061 "Method 9" refers to a visual determination of the opacity of emissions from a 

stationary source as defined in 40 CFR 60, Appendix A-4. 

_062 "Method 22" refers to a visual determination of fugitive emissions from 

material sources and smoke emissions from flares as defined in 40 CFR 60, 

Appendix A-7 . 

063 "Minor source" means any source which is not defined as a major source in 

Chapter 2 . 

_064 "Mobile source" means a motor vehicle, nonroad engine, or nonroad vehicle. A 

motor vehicle is a self-propelled vehicle designed for transporting persons or 

property on a street or highway. A nonroad vehicle is a vehicle powered by a 

nonroad engine . A nonroad engine is an internal combustion engine that is not used 

in a motor vehicle or a vehicle used solely for competition, or that is not subject to 

standards promulgated under section 111 or section 202 of the Act. . 

065 "Modification" means any physical change in, or change in method of 

operation of, an affected facility which increases the amount of any air pollutant, 

except that : 

065 .01 Routine maintenance, repair, and replacement (except as defined as 

reconstruction) shall not be considered physical changes ; and 

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065 .02 An increase in the production rate or hours of operation shall not be 

considered a change in the method of operation, unless such change would 

violate a permit condition. 

_066 "National standard" means either a primary or a secondary standard 

established pursuant to the Act. 

067 "Necessary preconstruction approvals or permits" means those pen-nits or 

approvals required under federal air quality control laws and regulations and those 

air quality control laws and regulations which are part of the applicable State 

Implementation Plan. 

_068 "Net emissions increase" means the amount by which the sum of the following 

exceeds zero : 

068.01 Any increase in actual emissions fiom a particular physical change or 

change in the method of operation at a stationary source ; and 

068 .02 Any other increases and decreases in actual emissions at the source 

that are contemporaneous with the particular change and are otherwise 

creditable . An increase or decrease in actual emissions is contemporaneous 

with the increase from the particular change only if it occurs before the date 

that the increase from the particular change occurs . An increase or decrease 

in actual emissions is creditable only if: 

068.02A It occurs within a reasonable period, not to exceed one year, 

to be specified by the Director; and 

068.0213 The Director has not relied on it in issuing a permit for the 

source under regulations approved pursuant to 40 CFR 51 .165, 

which pen-nit is in effect when the increase in actual emissions from 

the particular change occurs . 

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068 .03 An increase in actual emissions is creditable only to the extent that 

the new level of actual emissions exceeds the old level. 

068 .04 A decrease in actual emissions is creditable only to the extent that : 

068.04A The old level of actual emissions or the old level of 

allowable emissions, whichever is lower, exceeds the new level of 

actual emissions ; 

068.04B It is federally enforceable at and after the time that actual 

construction on the particular change begins ; 

068 .04C The Director has not relied on it in issuing any permit under 

regulations approved pursuant to 40 CFR Part 51, 

Subpart I or in demonstrating attainment or reasonable further 

progress ; and 

068 .04D It has approximately the same qualitative significance for 

public health and welfare as that attributed to the increase fiom the 

particular change. 

068 .05 An increase that results from a physical change at a source occurs 

when the emissions unit on which construction occurred becomes operational 

and begins to emit a particular pollutant. Any replacement unit that requires 

shakedown becomes operational only after a reasonable shakedown period, 

not to exceed 180 days. 

069 "New source" means any stationary source the construction, modification, or 

reconstruction of which is commenced after the publication of regulations by the 

State of Nebraska or the federal government prescribing a standard of performance 

which will be applicable to such source . 

070 "Non-attainment area" means any area designated by the Department or the 

Agency pursuant to Section 107 (d) of the Act as an area exceeding any National 

Ambient Air Quality Standard. 

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071 "Opacity" means a state which renders material partially or wholly impervious 

to rays of light and causes obstruction of an observer's view. 

072 "Open fires" means the burning of any matter in such a manner that the 

products of combustion resulting from such fires are emitted directly into the 

ambient air without passing through an adequate stack, duct, or chimney. 

073 "Owner or operator" means any person who owns, leases, operates, controls, 

or supervises a stationary source . 

074 "PM1o" means particulate matter with an aerodynamic diameter less than or 

equal to a nominal 10 micrometers as measured by a reference method based on 

Appendix J at 40 CFR Part 50 or equivalent methods . 

075 "Particulate matter" means any airborne finely divided solid or liquid material 

with an aerodynamic diameter smaller than 100 micrometers . 

076 "Particulate matter emissions" means all finely divided solid or liquid material, 

other than uncombined water, emitted to the ambient air as measured by applicable 

reference methods, or an equivalent or alternative method, specified by the Agency, 

or by a test method specified in an approved State Implementation Plan. 

077 "PM~o emissions" means finely divided solid or liquid material, with an 

aerodynamic diameter less than or equal to a nominal 10 micrometers emitted to the 

ambient air as measured by an applicable reference method, or an equivalent or 

alternative method, specified by the Agency or by a test method specified in an 

approved State Implementation Plan. 

078 "Permit modification" means a revision to a Class I or Class II operating 

permit that meets the requirements of Chapter 15 . 

079 "Permit program costs" means all reasonable (direct and indirect) costs 

required to develop and administer an air operating permit prograrn, as set forth in 

Neb. Rev. Stat . §81-1505.04. 

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_080 "Permit revision" means any Class I or Class II operating permit modification 

or administrative permit amendment. 

081 "Permitting authority" means the Department of Environmental Quality. 

082 "Person" means any individual, corporation, partnership, firm, association, 

trust, estate, public or private institution, group, agency, political subdivision of this 

state, any other state or political subdivision or agency thereof or any legal 

successor, representative, agent, or agency of the foregoing. 

_083 "Performance test" means measurements of emissions or other procedures 

used for the purpose of determining compliance with a standard of performance 

conducted in accordance with approved test procedures . 

084 "Plan" means an implementation plan adopted by the State pursuant to Section 

110 of the Act, to attain and maintain a national standard . 

_085 "Potential to emit" means the maximum capacity of a stationary source to emit 

a pollutant under its physical and operational design . Any physical or operational 

limitation on the capacity of the source to emit a pollutant, including air pollution 

control equipment and restrictions on hours of operation or on the type or amount 

of material combusted, stored, or processed, shall be treated as part of its design if 

the limitation or the effect it would have on emissions is federally enforceable. 

Secondary emissions do not count in deterinining the potential to emit of a 

stationary source . This term does not alter or affect the use of this term for any 

other purposes under the Act, or the term "capacity factor" as used in Chapter 26. 

086 "Primary standard" means a national primary ambient air quality standard 

identified in Chapter 4 . 

087 "Process" means any action, operation or treatment, and all methods and forms 

of manufacturing or processing, that may emit smoke, particulate matter, gaseous 

matter, or other air contaminant. 

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088 "Process weight" means the total weight of all materials introduced into any 

source operation. Solid fuels charged will be considered as part of the process 

weight, but liquid and gaseous fuels and combustion air will not. 

089 "Process weight rate" means for continuous or long-run steady-state source 

operations, the total process weight for the entire period of continuous operation or 

for a typical portion thereof. For a cyclical or batch source operation, the total 

process weight for a period that covers a complete operation or an integral number 

of cycles, divided by the number of hours of actual process operation during such a 

period . Where the nature of any process or operation, or the design of any 

equipment, is such as to permit more than one interpretation of this definition, the 

interpretation that results in the minimum value for allowable emission shall apply. 

090 "Proposed Class I operating permit" means the version of a permit that the 

Department proposes to issue and forwards to the Administrator for review . 

091 "Reasonable further progress" means such annual incremental reductions in 

emissions of the relevant air pollutant as are required by the applicable 

implementation plan or may reasonably be required by the Director for the purpose 

of ensuring attainment of the applicable ambient air quality standard by the 

applicable date. 

_092 "Reconstruction" means a situation where the fixed capital cost of the new 

components exceeds 50% of the fixed capital cost of a comparable entirely new 

facility or source. However, any final decision as to whether reconstruction has 

occurred shall be made in accordance with the provisions of 40 CFR 60.15(f)(1)-

(3). A reconstructed source will be treated as a new stationary source . In 

determining best available control technology or lowest achievable emission rate 

for a reconstructed source, the provisions of 40 CFR 60.15(f)(4) shall be taken into 

account in assessing whether a standard of performance under 40 CFR Part 60 is 

applicable to such source. 

093 "Region" means: 

093 .01 An air quality control region designated by the Administrator ; or 

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093 .02 Any area designated by the State as an air quality control region . 

094 "Regional administrator" means the Regional designee appointed by the 

Administrator. 

095 "Regulated air pollutant" means the following: 

095.01 Nitrogen oxides or any volatile organic compounds as defined in this 

Chapter; 

095.02 Any pollutant for which a national ambient air quality standard has 

been promulgated; 

095.03 Any pollutant that is subject to any standard in Chapter 18 ; and 

095.04 Any pollutant subject to a standard or other requirements established 

in Chapters 27 or 28 relating to hazardous air pollutants, including the 

following: 

095.04A Any pollutant subject to requirements under Chapter 27, 005 ; 

and 

095.04B Any pollutant for which the requirements efrelating to 

construction, reconstruction, and modification in Chapter 27, 003, 

have been met, but only with respect to the individual source subject to 

these requirements . 

096 "Regulated pollutant for fee purposes" means any regulated air pollutant 

1 'dent'f 1 ied in the previous section, except for the following : 

096.01 Carbon monoxide; 

096 .02 Particulate matter, excluding PM,o ; 

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096.03 Any pollutant that is a regulated air pollutant solely because it is a 

Class I or II substance subject to a standard promulgated under or established 

by Title VI of the Act and regulations adopted by the Council; or 

096.04 Any pollutant that is a regulated air pollutant solely because it is 

subject to a standard or regulation promulgated under Section 112(r) of the 

Act and regulations adopted by the Council. 

097 "Renewal" means the process by which a permit is reissued at the end of its 

term. 

098 "Responsible official" means one of the following: 

098.01 For a corporation: a president, secretary, treasurer, or vice-president 

of the corporation in charge of a principal business function, or any other 

person who performs similar policy or decision-making functions for the 

corporation, or a duly authorized representative of such person if the 

representative is responsible for the overall operation of one or more 

manufacturing, production, or operating facilities applying for or subject to a 

permit and either : 

098 .O1A The facilities employ more than 250 persons or have gross 

annual sales or expenditures exceeding $25 million (in second quarter 

1980 dollars) ; or 

098 .0113 The delegation of authority to such representatives is 

approved in advance by the permitting authority; 

098.02 For a partnership or sole proprietorship : a general partner or the 

proprietor, respectively; 

098.03 For a municipality, State, Federal, or other public agency: Either a 

principal executive officer or ranking elected official . For the purposes of 

this part, a principal executive officer of a Federal agency includes the chief 

executive officer having responsibility for the overall operations of a 

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Title 129 

Chapter 1 

principal geographic unit of the agency (e .g., a Regional Administrator of 

EPA) ; or 

098 .04 For affected sources: 

098.04A The designated representative in so far as actions, standards, 

requirements, or prohibitions under Chapter 26 are concerned; and 

098.04B The designated representative for any other purposes under 

the Title V program. 

099 "Rule or regulation" means any rule or regulation of the Council. 

100 "Secondary emissions" means emissions which would occur as a result of the 

construction or operation of a major stationary source or major modification, but do 

not come from the major stationary source or major modification itself. Secondary 

emissions must be specific, well defined, quantifiable, and impact the same general 

area as the stationary source or modification, which causes the secondary 

emissions. Secondary emissions may include, but are not limited to: 

100 .01 Emissions from ships or trains coming to or from the new or 

modified stationary source ; and 

100.02 Emissions from any offsite support facility which would not 

otherwise be constructed or increase its emissions as a result of the 

construction or operation of the major stationary source or major 

modification . 

101 "Secondary standard" means a national secondary ambient air quality standard 

identified in Chapter 4. 

_102 "Section 502(b)(10) changes" are changes that contravene an express permit 

term. Such changes do not include changes that would violate applicable 

requirements or contravene federally enforceable permit terms and conditions that 

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Title 129 

Chapter 1 

are monitoring (including test methods), record keeping, reporting, or compliance 

certification requirements . 

103 "Significant" means, as pei-tains to a modification in a non-attainment area, a 

net increase in actual emissions by a rate that would equal or exceed the following: 

Pollutant and Emission Rate 

Carbon monoxide: 100 tons per year (tpy) 

Nitrogen oxides : 40 tpy 

Sulfur dioxide: 40 tpy 

Particulate matter : 25 tpy 

PM, o: 15 tpy 

Ozone: 40 tpy of volatile organic compounds 

Lead: 0 .6 tpy 

Fluorides : 3 tpy 

Sulfuric acid mist: 7 tpy 

Hydrogen sulfide (H2S): 10 tpy 

Total reduced sulfur (including H2S) : 10 tpy 

Reduced sulfur compounds (including HZS): 10 tpy 

Municipal waste combustor organics (measured as total tetra- through octachlorinated dibenzo-p-dioxins and dibenzofurans) : 

3 .2x10-6 megagrams per year (3 .5x10-6 tons per year) 

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Municipal waste combustor metals (measured as particulate matter): 

14 megagrams per year (15 tons per year) 

Municipal waste combustor acid gases (measured as sulfur dioxide and 

hydrogen chloride) : 36 megagrams per year (40 tons per year) 

Municipal solid waste landfill emissions (measured as nomnethane organic 

compounds): 45 megagrams per year (50 tons per year) 

104 "Solid waste" means any garbage, refuse, or sludge from a waste treatment 

plant, water supply treatment plant, or air pollution control facility, or other 

discarded material, including solid, liquid, semisolid, or contained gaseous material 

resulting from industrial, commercial or mining operations, or from community 

activities. 

105 "Source" means any property, real or personal, or person contributing to air 

pollution. 

106 "Speciation" is the process of classifying and separating objects by common 

characteristics including, but not limited to, chemical mass balance, factor analysis, 

optical microscopy, and automated scanning electron microscopy. It is the process 

used to find the relative proportions or mix of air source categories which best 

accounts for the composition of a pollutant sample. 

107 "Stack" means any point in a source designed to emit solids, liquids, or gases 

into the air, including a pipe or duct but not including flares . 

108 "Stack in existence" means that the owner or operator had (1) begun, or caused 

to begin, a continuous program of physical on-site construction of the stack or (2) 

entered into binding agreements or contractual obligations which could not be 

cancelled or modified without substantial loss to the owner or operator, to 

undertake a program of construction of the stack to be completed in a reasonable 

time. 

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Title 129 

Chapter 1 

109 "Stack height" means the distance from the ground level elevation of a stack to 

the elevation of the stack outlet . 

110 "Standard of performance" means a standard for emission of air pollutants 

which reflects the degree of emission limitation achievable through the application 

of the best system of emission reduction which (taking into account the cost of 

achieving such reduction) the Director determines has been adequately 

demonstrated. 

111 "Startup of operation" means the beginning of routine operation of an affected 

facility. 

112 "State" means any non-Federal permitting authority, including any local 

agency, interstate association, or statewide program. 

_113 "State Act" means the Nebraska Environmental Protection Act, Neb. Rev. Stat . 

§81-1501 through §81-1533, as amended. 

114 "State agency" means the Nebraska Department of Enviromnental Quality 

established by Neb. Rev. Stat . Sections 81-1501 to 81-1533 . 

115 "Stationary source" means any building, structure, facility, or installation 

which emits or may emit any air pollutant subject to regulation under this Title. 

116 "Synthetic minor" refers to a facility that has a potential to emit any regulated 

pollutant above the major source threshold (Class I operating pen-nit level), but has 

taken federally enforceable limits to keep potential emissions below the major 

source threshold, but above the minor source threshold_ 

117 "Title V program" or "State program" means a program approved by the 

Administrator for purposes of Title V of the Act. 

_118 "Total reduced sulfur" means total sulfur from the following compounds: 

hydrogen sulfide, methyl mercaptan, dimethyl sulfide, and dimethyl disulfide. 

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Chapter 1 

119 "Total Suspended Particulates" means particulate matter as measured by the 

method described in Appendix B of 40 CFR Part 50. 

_120 "UTM coordinates" refer to the Universal Transverse Mercator Coordinate 

(UTM) system, which provides coordinates on a world wide flat grid . The UTM 

coordinate system divides the world into 60 zones, each being six degrees longitude 

wide and extending from 80 degrees south latitude to 84 degrees north latitude . The 

first zone starts at the International Date Line and proceeds eastward. 

121 "Volatile organic compound (VOC)" means any compound of carbon, 

excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or 

carbonates, and ammonium carbonate, which participates in atmospheric 

photochemical reactions. VOC includes any such organic compound other than the 

following, which have been determined to have negligible photochemical 

reactivity: 

acetone; 

1-chloro-1,1-difluoroethane (HCFC-142b) ; 

Chlorodifluoromethane (CFC-22); 

1-chloro-l-fluoroethane (HCFC-151a); 

chlorofluoromethane (HCFC-31) ; 

Chloropentafluoroethane (CFC-115); 

2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124); 

Dichlorodifluoromethane (CFC-12); 

1,1-dichloro-l-fluoroethane (HCFC-141b); 

1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC-114) ; 

Proposed revisions for June 2005 on pages 1-26, 1-27 . 1-25 
Title 129 

Chapter 1 

1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a) ; 

1,1-difluoroethane (HFC-152a) ; 

difluoromethane (HFC-32); 

2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane 

[(CF3)2CFCFZOCH3] ; 

Ethane ; 

2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane 

[(CF3)2CFCF20CZH5] ; 

1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F90CZH5) ; 

3 ethox 1 1 1 2 3 4 4 5 5 6 6 6-dodecafluoro-2-(trefluoromethyl ) hexane 

(known as HFE-7500 HFE-s702 T-7145 and L-15381); 

ethylfluoride (HFC-161); 

1 1 1 2 2 3 3-hgptafluoro-3-methoxy-propane (n-C3F_7 OCH3) (known as HFE7000); 1 1 1 2 3 3 3-heptafluoropropane (known as HFC 227ea) ; 

1 1 1 2 3 3 3-heptafluoropropane known as HFC 227ea) ; 

1,1,1,2,3,3-hexafluoropropane (HFC-2366a); 

1,1,1,3,3,3-hexafluoropropane (HFC-236fa); 

Methane ; 

Methyl acetate; 

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Title 129 

Chapter 1 

methyl fornnate (HCOOCH3h 

Methylene chloride (dichloromethane); 

1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F90CH3) ; 

parachlorobenzotrifluoride (PCBTF); 

1,1,1,3,3-pentafluorobutane (HFC-365mfc); 

Pentafluoroethane (HCFC-125); 

1,1,1,2,3-pentafluoropropane (HFC-245eb) ; 

1,1,2,2,3-pentafluoropropane (HFC-245ca); 

1,1,2,3,3-pentafluoropropane (HFC-245e); 

1,1,1,3,3-pentafluoropropane (HFC-245fa) ; 

t-butvl acetate (known at tertiary butyl acetate or TBAC); 

tetrachloroethylene (PERC); 

1,1,1,2-tetrafluoroethane (HFC-134a); 

1,1,2,2-tetrafluoroethane (HFC-134); 

1,1,1-trichloroethane (methyl chlorofonn); 

Trichlorofluoromethane (CFC-11); 

1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113); 

Proposed revisions for June 2005 on pages 1-26, 1-27 . 

1-27 
Title 129 

Chapter 1 

1,1,1-trifluoro-2,2-dichloroethane (HCFC-123 ) ; 

1,1,1-trifluoroethane (HFC-143 a) ; 

Trifluoromethane (FC-23); 

volatile methyl siloxanes (VMS); 

and perfluorocarbon compounds which fall into the following classes: 

a. Cyclic, branched, or linear, completely fluorinated alkanes; 

b. Cyclic, branched, or linear, completely fluorinated ethers with no 

unsaturations; 

c. Cyclic, branched, or linear, completely fluorinated tertiary amines 

with no unsaturations ; and 

d. Sulfur containing perfluorocarbons with no unsaturations and with 

sulfur bonds only to carbon and fluorine. 

Legal Citation : Title 129, Ch. 1, Nebraska Department of Environmental Quality 

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NEBRASKA ADMINISTRATIVE CODE 

Title 129 - Department of Environmental Quality 

Chapter 17 - CONSTRUCTION PERMITS - WHEN REQUIRED 

001 Except as provided under section 014 of this chapter or Chapter 42 of the 

Title, no person shall cause the construction, reconstruction, or modification at 

any of the following without first having obtained a construction pen-nit from the 

Department in the manner prescribed by this Chapter: 

001 .01 Any air ee-4anii ~ } 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 .O1BA Fifteen (15) tons/year of PM,o emissions. 

0O1 .OlEB Forty (40) tons/year of sulfur dioxide (SOZ) or sulfur 

trioxide (S03), or any combination of the two . 

001 .O1DC Forty (40) tons/year of oxides of nitrogen (calculated as 

N02). 

001 .O1ED Forty (40) tons/year of volatile organic compounds (VOC). 

001 .O1FE Fifty (50) tons/year of carbon monoxide. 

OOl .O1GF Six-tenths (0.6) tons/year of lead. 

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Chapter 17 

001 .01FIG 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 

~plicability under 001 .01 above, sources in the following source categories 

must include fugitive emissions: 

001 .02A Coal cleaning plants (with thermal dryers); 

001 .02B Kraft pulp mills; 

001 .02C Portland cement plants ; 

001 .02D Primary zinc smelters ; 

001 .02E Iron and steel mills; 

001 .02F Primary aluminum ore reduction plants ; 

001 .02G Primary copper smelters ; 

001 .02H Municipal incinerators capable of charging more 

than 250 tons of refuse per day; 

001 .021 Hydrofluoric, sulfuric, or nitric acid plants ; 

001 .02J Petroleum refineries; 

001 .02K Lime plants ; 

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Chapter 17 

001 .02L Phosphate rock processing plants ; 

001 .02M Coke oven batteries; 

001 .02N Sulfur recovery plants ; 

001 .020 Carbon black plants (furnace process) ; 

001 .02P Primary lead smelters ; 

001 .02 Fuel conversion plants ; 

001 .02R Sintering plants ; 

001 .02S Secondary metal production plants ; 

001 .02T Chemical process plants ; 

001 .02U Fossil-fuel boilers (or combination thereof) totaling more 

than 250 million British thermal units per hours heat input; 

001 .02V Petroleum storage and transfer units with a total 

storage capacity exceeding 300,000 barrels ; 

001 .02W Taconite ore processing plants ; 

001 .02X Glass fiber processing plants ; 

001 .02Y Charcoal production plants ; 

001 .02Z Fossil fuel-fired steam electric plants of more than 

250 million British thermal units per hour heat input; 

001 .02AA Any other stationary source category which is being 

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Title 129 

Chapter 17 

regulated by a standard promulgated under Section 111 or 112 of the 

Act as of August 7, 1980. 

001 .03 Any incinerator used for refuse disposal or for the processing of 

salvageable materials except refuse incinerators located on residential 

premises containing five or less dwelling units used only for the disposal of 

residential waste generated on the said property. 

_002 The standards which would have been imposed under a construction permit 

are applicable to those sources who have failed to obtain a permit to the same 

extent as if a permit had been obtained. 

003 The owner or operator of any source required to obtain a construction permit 

under this Chapter shall submit an application on forms provided by the 

Department . 

003 . 01 Application Fee A non-refundable fee based on the proposed 

potential to emit of the entire source shall be paid in full and shall 

accompany each application for a construction permit in accordance with 

the following:_ 

Potential to Emit: Fee 

Less than 50 tons per year of any re~ulated air pollutant or 

Less than 2. 5 tons per year of any single HAP; or 

Less than 10 tons per ear of an combination of HAPs 

$250 

50 tons or more but less than 100 tons per year of any regulated air 

pollutant ; or 

2. 5 tons or more but less than 10 tons per year of any single HA-Ps; or $1,500 

10 tons or more but less than 25 tons per year of any combination of 

HAPs 

17-4 Proposed revisions for June 2005 on pages 17-1, 17-2, 17-4, 17-5, 17-6, & 17-13 . 
Title 129 

Chapter 17 

100 tons or more per year of any regulated air pollutant ; or 

10 tons or more per year of any single hazardous air pollutant (HAP)~ $3,000 

_or 

25 tons or more per ear of an combination of HAPs 

004 An application will be deemed complete if it provides all the inforniation 

required and is sufficient to evaluate the subject source and to determine all 

applicable requirements . The application shall be certified by a responsible 

official for the source . 

005 If the Department determines that the application is not complete and 

additional information is necessary to evaluate or take final action on the 

application, the Department may request such information in writing and set a 

reasonable deadline for a response. 

006 Any applicant who fails to submit any relevant facts or who has submitted 

incorrect information in a permit application shall, upon becoming aware of such 

failure or incorrect submittal, promptly submit such supplementary facts or 

corrected infonnation. 

007 The Department shall require in the application information as necessary to 

determine if the new or modified source will interfere directly or indirectly with 

the attaimnent or maintenance of National Primary and Secondary Ambient Air 

Quality Standards, or violate any portion of an existing control strategy. 

008 If an air quality impact analysis is deemed necessary by the Director as a part 

of a construction permit application, concentrations of pollutants that may be 

expected to occur in the vicinity of a source or combination of sources will be 

determined by use of an air pollution dispersion model acceptable to the Director . 

Meteorological and operating conditions that may occur that will produce the 

greatest concentrations of the pollutants emitted shall be used in evaluating the 

effect of the source(s) on air quality. 

009 Disapproval of Application for Permits . 

Proposed revisions for June 2005 on pages 17-1, 17-2, 17-4, 17-5, 17-6, & 17-13 . 17-5 
Title 129 

Chapter 17 

009 .01 If it is determined by the Director that emissions resulting from the 

operation of a source to be constructed or modified will violate the 

\ any portion 

of these rules and regulations, violate any applicable federal air quality 

regulation, or interfere with attairunent or maintenance of a National 

Ambient Air Quality Standard, no permit will be granted until necessary 

changes are made in the plans and specifications to obviate the objections to 

issuance. 

009 .02 A construction permit will not be issued for any major source or 

major modification when such source or modification would cause or 

contribute to a violation of a national ambient air quality standard by 

exceeding, at a minimum, the following significant levels at any locality 

that does not or would not meet the applicable national standard : 

Averaging period 

Pollutant Annual 24 hour 8 hour 3 hour 1 hour 

SO~ 1 .0 ug/m3 5 ug/m3 --- 25 ug/m3 --- 

PMio 1 .0 ug/m3 5 ug/m3 --- --- --- 

NO, 1 .0 ug/m3 --- --- --- 

CO . --- --- 0.5 mg/m3 --- 2 mg/m3 

O 10 Issuance of permits . The Director shall publish notice of intent to approve or 

disapprove the application in accordance with the procedures of Chapter 14 . 

011 Approval, by issuance of a pen-nit for any construction, reconstruction, or 

modification, does not relieve the owner or operator from his er- h ~ the 

responsibility to comply with the applicable portions of the Implementation Plan 

control strategy. The pennittee must comply with all conditions of the 

construction -permit. Any permit noncompliance shall constitute a violation of the 

State Act and the Act and is grounds for enforcement action or perinit revocation. 

17-6 Proposed revisions for June 2005 on pages 17-1, 17-2, 17-4, 17-5, 17-6, & 17-13 . 
Title 129 

Chapter 17 " 

012 If construction, reconstruction, or modification of the source is not 

commenced within 18 months, the construction permit shall lapse except upon a 

showing by the permittee that the complexity of the construction, reconstruction, 

or modification requires additional time. 

013 Additional Requirements for Construction or Modification of Sources in 

Nonattainment Areas. 

013 .01 No permit to constructor modify will be issued for a proposed 

major source or a major modification if the source is located or is to be 

located in an area that is nonattainment for a pollutant for which the source 

or modification is major unless it is detennined that : 

01 3 .01A By the time the facility is to commence operation, total 

allowable emissions from the same source or existing sources in the 

same nonattainment area, from new sources which are not major 

emitting facilities, and from existing sources allowed under the 

Implementation Plan prior to the application for such permit to 

construct or modify represent a net decrease in emissions and show 

reasonable further progress toward attainment and maintenance of the 

ambient air quality standards, and provided that any emissions 

reductions required as a precondition of the issuance of a permit shall 

be federally enforceable before such permit is issued . 

013 .0113 The proposed source is required to comply with the lowest 

achievable emission rate ; and 

013 .01C The owner or operator of the proposed new or modified 

source has demonstrated that all other major stationary sources owned 

or operated by such person (or by an entity controlling, controlled by, 

or under common control with such person) in the State subject to 

emissions limitations are in compliance, or on a schedule for 

compliance, with all applicable emission limitations and standards . 

Proposed revisions for June 2005 on pages 17-1, 17-2, 17-4, 17-5, 17-6, & 17-13. 17-7 
Title 129 

Chapter 17 

013 .011) The proposed source is in compliance with requirements 

established under the Implementation Plan and the State shall not 

issue a permit if the Administrator has determined that the applicable 

Implementation plan is not being adequately implemented 

for the nonattainment area in which the proposed source is to be 

constructed or modified. 

013 .01E The source has completed an analysis of alternative sites, 

sizes, production processes, and environmental control techniques for 

such proposed source which demonstrates that benefits of the 

proposed source significantly outweigh the environmental and social 

costs imposed as a result of its location, construction, or 

modification . 

013 .02 The requirements of section 013 .O1A for emission reductions from 

existing sources in the vicinity of proposed new sources or modifications 

shall be determined on a case-by-case basis. The offset baseline shall be the 

actual emissions of the source from which offset credit is obtained. 

013 .03 The following shall apply to emission offsets: 

013 .03A If the emissions limit under these regulations allows greater 

emissions than the potential to emit of the source, emissions offset 

credit will be allowed only for control below this potential ; 

013 .0313 For an existing fuel combustion source, credit shall be 

based on the allowable emissions under the applicable State 

Implementation Plan for the type of fuel being burned at the time the 

application to construct is filed. If the existing source commits to 

switch to a cleaner fuel at some future date, emissions offset credit 

based on the allowable (or actual) emissions for the fuels involved is 

not acceptable, unless the permit is conditioned to require the use of a 

specified alternative control measure which would achieve the same 

degree of emissions reduction should the source switch back to a 

17-8 Proposed revisions for June 2005 on pages 17-1, 17-2, 17-4, 17-5, 17-6, & 17-13. 
Title 129 

Chapter 17 

dirtier fuel at some later date. The Director will ensure that adequate 

long-term supplies of the new fuel are available before granting 

emissions offset credit for fuel switches . 

013 .03C Emissions reductions achieved by shutting down an 

existing source or permanently curtailing production or operating 

hours below baseline levels may be credited, provided that the work 

force to be affected has been notified of the proposed shutdown or 

curtailment. Source shutdowns and curtailments in production or 

operating hours occurring prior to the date the new source application 

is filed generally may not be used for emissions offset credit . 

However, where an applicant can establish that it shut down or 

curtailed production less than one year prior to the date of permit 

application, and the proposed new source is a replacement for the 

shutdown or curtailment, credit for such shutdown or curtailment may 

be applied to offset emissions from the new source ; 

013 .03D No emissions credit may be allowed for replacing one 

hydrocarbon compound with another of lesser reactivity, except for 

those compounds listed in Table 1 of EPA's "Recommended Policy 

on Control of Volatile Organic Compounds". (42 FR 35314, July 8, 

1977); 

013 .03E The procedures set out in 40 CFR Part 51, Appendix S, 

Section IV.D, relating to the permissible location of offsetting 

emissions, shall be followed, unless the Director determines that an 

equally stringent or more stringent procedure is appropriate. 

013 .03F Credit for an emissions reduction can be claimed to the 

extent that the Director has not relied on it in issuing any permit 

under regulations approved pursuant to 40 CFR Part 51 Subpart I or 

in demonstrating attainment or reasonable further progress . 

013 .03G Emission reductions otherwise required by this Title shall 

not be creditable as emissions reductions for purposes of any offset . 

Proposed revisions for June 2005 on pages 17-1, 17-2, 17-4, 17-5, 17-6, & 17-13 . 17-9 
Title 129 

Chapter 17 

013 .04 The provisions of 013 do not apply to a source or modification that 

would be a major stationary source or major modification only if fugitive 

emissions, to the extent quantifiable, are considered in calculating the 

potential to emit of the stationary source or modification and the source 

does not belong to any of the following categories : 

013 .04A Coal cleaning plants (with thermal dryers); 

013 .0413 Kraft pulp mills; 

013 .04C Portland cement plants ; 

013 .04D Primarily zinc smelters ; 

013 .04E Iron and steel mills; 

013 .04F Primary aluminum ore reduction plants ; 

013 .04G Primary copper smelters ; 

013 .04H Municipal incinerators capable of charging more 

than 250 tons of refuse per day; 

013 .041 Hydrofluoric, sulfuric, or nitric acid plants ; 

013 .04J Petroleum refineries; 

013 .04K Lime plants ; 

013 .04L Phosphate rock processing plants ; 

013 .04M Coke oven batteries; 

013 .04N Sulfur recovery plants ; 

17-10 Proposed revisions for June 2005 on pages 17-1, 17-2, 17-4, 17-5, 17-6, & 17-13 . 
Title 129 

Chapter 17 

013 .040 Carbon black plants (furnace process) ; 

013 .04P Primary lead smelters ; 

013 .04 Fuel conversion plants ; 

013 .04R Sintering plants ; 

013 .04S Secondary metal production plants ; 

013 .04T Chemical process plants ; 

013 .04U Fossil-fuel boilers (or combination thereof) totaling more 

than 250 million British thermal units per hours heat input; 

013 .04V Petroleum storage and transfer units with a total 

storage capacity exceeding 300,000 barrels; 

013 .04W Taconite ore processing plants ; 

013 .04X Glass fiber processing plants ; 

013.04Y Charcoal production plants ; 

013 .04Z Fossil fuel-fired steam electric plants of more than 

250 million British thennal units per hour heat input; 

013 .04AA Any other stationary source category which 

-is being regulated by a standard promulgated -under Section 111 or 

112 of the Act as of August 7, 1980. 

013 .05 At such time that a particular source or modification becomes a 

major stationary source or major modification solely by virtue of a 

relaxation in any enforcement limitation which was established after August 

Proposed revisions for June 2005 on pages 17-1, 17-2, 17-4, 17-5, 17-6, & 17-13. 17-11 
Title 129 

Chapter 17 

7, 1980, on the capacity of the source or modification otherwise to emit a 

pollutant, such as a restriction on hours of operation, then the requirements 

of this section shall apply to the source or modification as though 

construction had not yet commenced on the source or modification. 

014 Modification of the Construction Pen-nit. The purpose of this section is 

to provide a means to address unforeseen situations which may develop in the 

process of constructing or modifying an emission source subject to this chapter. 

014.01 Subject to the approval of the Director, the terms of a construction 

permit may be modified without public review through the substitution of 

alternative provisions, provided the following conditions are met: 

014.O1A No emission limit in the original construction permit is 

exceeded; 

014 .01B No applicable requirement included in an operating permit 

to which the source is subject is violated; 

014 .01C No emissions limit, equipment or operational standard 

applicable to the source will be exceeded: 

014.011) No emissions limit, equipment or operational standard 

assumed to avoid a classification that would render the source subject 

to an otherwise applicable requirement will be exceeded; and 

014 .01E The nature of the constructed facility will be consistent with 

that described in the original public notice materials . 

014.02 Modifications meeting the conditions of 014.01 above may be 

processed as follows: 

014.02A The owner or operator shall submit an application for a 

construction pennit as provided in 003 above and provide such 

17-12 Proposed revisions for June 2005 on pages 17-1, 17-2, 17-4, 17-5, 17-6, & 17-13 . 
Title 129 

Chapter 17 

additional information as may be required to detenuine if the 

conditions of 014.01 above have been met; 

014.02B The Department shall review the application and determine 

whether or not a construction permit is required . The applicant shall 

not proceed with the project until a determination is made by the 

Director. 

014.03 Modifications at a source subject to a construction permit which do 

not meet the conditions of 014.01 above must be processed through the full 

construction permit process as provided in 003 through 013 above. 

015 Any source not required to obtain a construction permit pursuant to 001 may 

request a construction permit to be issued in the manner prescribed by 002 

through 013 for the following_purposes : 

015 . 01 Establishing enforceable limits to avoid otherwise applicable 

requirements under the provisions of Title 129. 

015 . 02 Modifying existing construction permits to incorporate 

modifications that cannot be processed under the provisions of 014. 

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

Legal Citation : Title 129, Ch. 17, Nebraska Department of Environmental 

Quality 

Proposed revisions for June 2005 on pages 17-1, 17-2, 17-4, 17-5, 17-6, & 17-13 . 17-13 
Title 129 - Department of Environmental Quality 

Chapter 30 -OPEN FIRES; 

001 No person shall cause or allow any open fires. 

002 Exceptions : 

002.01 Fires set solely as part of a religious activity, for recreational 

purposes or for outdoor cooking of food for human consumption on ether 

di-an non-commercial premises, and provided no nuisance or hazard is 

created. 

002 .02 Fires set for the purpose of training public and industrial fire 

fighting personnel. 

002.03 Fires set in the operation of smokeless flare stacks for the 

combustion of waste gases, provided they meet the requirements of Chapter 

20, Particulate Emissions ; Limitations and Standards. 

002.04 Fires set in an agricultural operation where no nuisance or traffic 

hazard is created. For the purpose of this regulation, "fires set in an 

agricultural operation" shall mean: 

002.04A The burning of any trees or vegetation indigenous to the 

property of the owner or person in lawful possession of the land; and 

002.04B The burning of any agriculturally related material that is 

potentially hazardous and where disposal by burning is recommended 

by the manufacturer. Such materials must have been used on the 

owner's property or person in legal possession of the said property . 

002.05 Unless prohibited by local ordinances, fires set to destroy household 

refuse on residential premises containing ten or less dwelling units, by 

individuals residing on the premises aftd providing no nuisance or traffic 

hazard is created. 

Proposed revisions for June 2005 on pages 30-I, 30-2, and 30-3 . 
Title 129 

Chapter 30 

002.06 For the purpose of plant and wildlife and parks management, 

provided such burning is conducted by the Nebraska Game Commission, 

the United States Forest Service, the University of Nebraska, or other 

groups as detennined by the Department. 

002.07 Unless prohibited by local ordinances or regulations, fires set ~r 

in compliance with a general open 

fire pen-nit or a community open fire permit issued by the Department : 

002 .07A For the purpose of the destruction of dangerous materials, 

diseased vegetation or abatement of a fire hazard. 

002 .07B For the purpose of destruction of trees, brush and other 

vegetation removed from road and utility right-of-ways. 

002.07C For the purpose of the destruction of trees, brush, vegetation 

and untreated lumber generated as a result of land clearing, and 

construction activities . 

002.07D For the purpose of the destruction of straw used as a winter 

insulating cover on agricultural products . 

002.07E For the purpose of destroying untreated wood and trees at 

community land disposal sites 

(Materials being burned must be in an area separate from materials 

not being burned)~ 

002 .07F For the purpose of destruction of materials after cleanup 

from a natural disaster . 

002 .08 Permits for open fires as specified in this regulation will be granted 

only if there is no other practical means of disposal. Any burning of 

30-2 Proposed revisions for June 2005 on pages 30-1, 30-2, and 30-3 . 
Title 129 

Chapter 30 

materials not specified in the burning permit wiI1 may result in immediat e 

withdrawal of the permit . 

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

Legal Citation: Title 129, Ch. 30, Nebraska Department of Environmental 

Quality 

Proposed revisions for June 2005 on pages 30-1, 30-2, and 30-3 . 30-3 
NOTICE OF PUBLIC HEARING 

. STATEOFNEBRASKA 

DEPARTMENT OF 

ENVIRONMENTAL QUALITY 

(NDEQ) 

Notice is hereby given 

Nebraska beginning at 8:30 A.M. Central Time (CT) on Thursday, June 2, 2005. Preceding the hearlngs wili be business items on the 

agenda . Hearings arr 

scheduled to begin at lO:OI A.M . CT, or as soor thereafter as car, reasonably be heard. The 

purpose of the hearings is to take testimony and evidence about the amendment of NDEQ regulations and plans as outlined in this notice . 

Suite 400, 1200 N St Lincol 

343, State Capitol Building, Lincoln, NE, The descrfption of t 

68509. 

he fiscal im 00act on state agenc ies, 

gI ted o or th e prop o

persons , 

sas 

re 

is 

ula 

availa 

f 

ble at_ each oft hese Iocations . 

NDEQ, 1200N St., Suite 400, P.O. BOX 98922, Lincoln, NE 68509-8922 . Unscheduled testimony will be heard following scheduled testimony. Interested 

persons may also submit written comments to Thomas R. Lamberson prior to the hearing, which wlli be enteredd Into the hearing record if received at the I Lincoln office by 5:00 P.M., June 1, 2005. 

' Hearings will be held on the f allowing proposals: 

i. Amendments to Title 129 -

Nebraska Air Quality Regulations. Changes to Chapter 1 revise the defnitlon of volatile organic compound to comply with the Environmental Protection Agency's EPA) definition of reguSated volatile organic compounds. Changes to Chapter 17 incorporate rules related to construction permit application fees adopted by the Legislature in 2004; clarify language to increase 

operation 

of the 

the efficiency in the 

construction permit program. Changes to Chapter 28 adopt 14 Maximum Achievable Control Technology (MqCn 

Standards for: Site Remediation issued at 68 FR 58171 on October 8, 2003 ; Miscellaneous Organic Chemical Manufacturing issued at 68 FR 63852 on November 10, 2003 ; Surface Coating of Metal Cans issued at 68 FR 64432 on November 13, 2003 ; Miscellaneous Coatin g Manufacturing Issued at 68 FR 69164 on December 11 2003 ; Miscellaneous Metal Parts Surface Coating Issued at 69 FR 130 on January 2, 2004 ; Lime Manufacturing issued at 69 FR 394 on January 5 2004; Organic Liquids Distribution Issued at 69 FR 5038 on February 3, 2004; Stationary combustion Turbines issued at 69 FR 10512 on March 5 2004; Surface Coating of Plastic Parts and 

20968 

Products issued at 69 FR on April 19, 2004 ; Iron and Steel Foundries issued at 69 FR 21906 on April 22 2004; Surface Coatmg Automobiles and Li ht Duty " Trucks issued at 69 ~R 22602 

on April 26, 2004 ; 

All interested persons may attend and testify orally or 

by written submission at the hearings. Any person 

may provide advance notice of Intent to testify by writing to Thomas R. Lamberson, Hearing Officer, 

§ 

71'~'1'4011' 

17)GbBRe

v. 

4 of, 

the following 

meeting and rulemaking hearings before the Nebraska Environmental 

Quality Council (EQC) at the Norfolk Country Club, 1700 Riverside Blvd ., Norfolk, 

Draft or workin g copies of the agenda and proposals scheduled for hearlng on June 2, 2005 are availabie at the NDEQ's Lincoln office, 

NE ; Omaha office, 8901 South 154th St., Omaha, NE ; North Platte office, 200 South il er e, N an 

t 

t E ; e ce I'h reta 0 t, at e, ul ti s ivision 0 .. 

PROOF OF '"TJBLICATION 

AFFIDAVIT 

State of Nebraska, County of Douglas, ss: 

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

Trawn G-riffin being duly sworn, deposes and says 

that he is an employee of The Omaha World-Herald, a legal daily newspaper 

printed and published in the county of Douglas and State of Nebraska, and of 

general circulation in the Counties of Douglas and Sarpy and State of Nebraska, 

and.4iat t e attached printed notice was published in the said newspaper on the 

(~ day of . . . . . . APril

. . . . . . . . . . . . . . . . . . . . . . . . . . . .

. A. D.,20 .05 ., 

and th~f said newspaper is a legal newspaper under the statues of the State of 

Nebraska . The above facts are within my personal knowledge. The Omaha 

World-Herald has an average circulation of ~ 192,600 ' ' ~ ~ ' daily242.964 . . . . . . . 

Sunday, in 20 

(Signe 

-05 a 

_ ~~ 

~,. : . . . . :~~' . 4. ~le: . Advertising . . . . . . . . . . . . . . . . . . 

Subscribed in my presence and sworn to before me this . . . `: . -J~z . . . . . . . . . . 

day of . . : . . . . . . . . . . . . April. . . . . . . . . 2(ll5 . . . 

Notary Public 

Printer's Fee $. ! . .~ ~ . . ! . 

Affidavit . . . . . . .! . . . . . . . . . . . . . . . . . . 

', :o~eR Rpt" _ 

~f '. ROtARC' 

s,y~^AS,~t-.; 

Paid by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

nEaRa Luv+RCo 

MY COMMISSION EXPIRES 

SeptecN~er 13, 2007 

313-G8-007 

MAY a 2o05 

Recl procating Internal 

Combustion Engines issued 

at 69 FR 33474 on June IS 

2004; Plywood andComposite Wood Products 

Surface Coating issued t 69 

FR 45944 on July 30, 2004" 

Commercial, Industrial, and 

Institutional Boilers and 

Process Heaters issued at 

69 FR 55217 on September 

13 2004 ; and amend 3 

exlsting standards to 

conform with federal 

standards issued for: 

Chromium Emissions from 

Hard and Decorative 

Chromium Electroplating 

and' Chromium Anodizng 

Tanks as'revised at 69 FR 

42885 . on July 19, 2004; 

Secondary Aluminum 

Production as revised at 69 

FR 53979 on Se ptember, 3, 

2004; Solvent Extraction for 

Vegetable Oil Production as 

revised at 69 FR 53338 on 

September 1, 2004. Changes 

to " Chapter 30 clarify 

language related to .open 

fires and a 

to the ope 

used for re 

The EOC w 

amend or, i 

proposal a 

d an excep ion 

ire ban for fires 

lous activities. 

vote to adopt, 

odify the NDEO 

:er hearlna a dn 

considering ~ all the 

testimony iand written 

submissions. 

2. Fiscal Year 2006 Intended 

Use Plan ([UP) and Project 

Priority Lists for _ 

determining loan reci vlents 

under the Clean NJater 

State Revolving Fund 

(CWSRF) and the Drinking 

Water State Revolving Fund 

(DWSRF). This document Is 

developed by the NbEQ, 

with DWSRF priority system 

and list as provided by 

Nebraska Health and 

Human Services Regulation 

and Licensure, and Is 

brought before the EQC in 

conformance with Neb. Rev. 

Stat. § 81-15,152, Neb. Rev. 

Stat. y 71-5321, . Title 131 -

Rules and Regulatiof~s for 

Wastewater TreOtment 

Facllities and Drinking 

Water - Construction 

Assistance Program, and 

the federal Clean Water and 

Safe Drinking Water Acts. 

The [UP describes how 

.Nebraska intends to use 

money available in the two 

funds for making loans to 

qualified ~reciplents for 

assistance in construction 

needs. The IUP includes a 

Projed Priori Rating 

System and F'~sca~i Year 2006 

Project Priority List Needs 

Pool for each of the funds, 

and an Interest Rate 

system. The purpose ofthe 

hearing is to accept public 

testimony and the EQC.wili 

vote to adopt, amend or 

.modify fhe IUP. , 

officer Please notify the Hearing 

at least one week n 

advance of the EpC meeting 

if auxiliary aids or 

reasonable 

accommodations or 

alternate formats of 

materials are needed . 

contact phone number Is 

402-471-2186 . TOO users call_ 

800-833-7352 and ask the 

relay operator to call us at 

~402-471-2186. 
NEBRASKA ADMINISTRATIVE CODE 

CERTIFICATE OF ADOPTION 

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 June 2, 2005, 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 Last Filing Date 

I Amend November 15, 2005 

17 Amend November 15, 2005 

28 Amend December 9, 2004 

30 Amend November 15, 2002 

Dated this ?:;day of June, 2005. 
Section 81-1505 .06 Page 1 of 2 

81-1505 .06 

Air quality construction permit ; fees ; Air Quality Permit Cash 

Fund ; created ; use ; investment . 

(1) Beginning January 1, 2005, each 

application for an air quality construction permit required by 

rules and regulations adopted pursuant to subsection (12) of 

section 81-1505 shall be accompanied by an application fee . If 

fees are required under more than one subdivision of this 

subsection, the application shall be accompanied by the one fee 

which is the highest of the applicable fees . The application fee 

shall be based on potential to emit, as defined in such rules and 

regulations, in accordance with the following schedule : 

(a) Three thousand dollars for facilities that directly 

emit or have the potential to emit one hundred tons per year or 

more of any air pollutant, except hazardous air pollutants ; 

(b) Three thousand dollars for facilities that directly 

emit or have the potential to emit ten tons per year or more of 

any single hazardous air pollutant or twenty-five tons per year 

or more of any combination of hazardous air pollutants ; 

(c) One thousand five hundred dollars for facilities 

that directly emit or have the potential to emit fifty tons per 

year or more but less than one hundred tons per year of any air 

pollutant, except hazardous air pollutants ; 

(d) One thousand five hundred dollars for facilities 

that directly emit or have the potential to emit (i) two and 

one-half tons per year or more but less than ten tons per year of 

any single hazardous air pollutant or (ii) ten tons per year or 

more but less than twenty-five tons per year of any combination 

of hazardous air pollutants ; 

(e) Two hundred fifty dollars for facilities that 

directly emit or have the potential to emit less than fifty tons 

per year of any air pollutant, except hazardous air pollutants ; 

and 

(f) Two hundred fifty dollars for facilities that 

directly emit or have the potential to emit (i) less than two and 

one-half tons per year of any single hazardous air pollutant and 

(ii) less than ten tons per year of any combination of hazardous 

air pollutants . 

(2) All application fees collected under this section 

shall be remitted to the State Treasurer for credit to the Air 

Quality Permit Cash Fund, which fund is hereby created . The Air 

Quality Permit Cash Fund shall be used for purposes identified in 

subsection (12) of section 81-1505 . Any money in the fund 

available for investment shall be invested by the state 

investment officer pursuant to the Nebraska Capital Expansion Act 

and the Nebraska State Funds Investment Act . 

http://statutes.unicam.state .ne.us/Corpus/statutes/chap8l /R811500506.htm1 5/25/2005 
Section 81-1505.06 Page 2 of 2 

(3) For purposes of this section, (a) air pollutant 

means particulate matter with a diameter of ten microns or less, sulfur dioxide or sulfur trioxide or any combination of the two, oxides of nitrogen, volatile organic compounds, and carbon 

monoxide and (b) hazardous air pollutant means any pollutant 

defined as such in rules and regulations adopted pursuant to 

subsection (12) of section 81-1505 . 

Source : 

Laws 2004, LB 449, § 2 . 

Effective date July 16, 2004 . 

Cross References : 

Nebraska Capital Expansion Act,see section 72-1269 . 

Nebraska State Funds Investment Act,see section 72-1260 . 

hthp ://statutes.unicam.state .ne.us/Corpus/statutes/chap8l/R811500506.html 5/25/2005 
Dave Heineman 

Governor 

MEMORANDUM 

TO : Governor Dave Heineman 

FROM: Michael J. Linder, Director 

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 

DATE: July 21, 2005 

Request for Approval of Proposed Revisions to Nebraska Title 129 

Attached for review and approval are revisions and additions to Title 129 - Nebraska Air Quality 

Regulations. The Environmental Quality Council approved these regulations on June 2, 2005, 

following a public hearing, held the same day, in Norfolk, Nebraska. The Attorney General has 

also approved them. The items in the Final Agency Checklist are also attached . Additional 

information is provided below in narrative form pursuant to Executive Order 95-6. 

A. SHORT DESCRIPTION: The purpose of this memorandum is to provide an 

explanation of amendments to Title 129 that were adopted by the Environmental Quality 

Council (EQC) on June 2, 2005. The amendments (a) revise the definition of volatile 

organic compound in Chapter l ; (b) adopt changes to Chapter 17 to clarify language and 

to incorporate rules related to construction permit application fees ; (c) adopt, by 

reference, several Maximum Achievable Control Technology (MACT) standards in 

Chapter 28; and (d) clarify language related to open fires and add an exception to the 

open fire ban for fires used for religious activities . 

B. RATIONALE FOR ADOPTION: The United States Environmental Protection Agency 

(EPA) recently deleted five chemical compounds from its definition of regulated volatile 

organic compounds. At the request of more that one Nebraska source, this change was 

incorporated into the Nebraska definition. In 2004, the Nebraska Legislature adopted 

application fees for construction permits into statute. Chapter 17 has been amended to 

include the fees in regulation. Other changes in Chapter 17 clarify language to increase 

the efficiency in the operation of the construction permit program. Maximum Achievable 

Control Technology standards, which have been adopted by reference, have been in 

effect at the federal level for at least nine months. These standards are not expected to be 

challenged in court, so are considered safe to adopt as they currently exist. Recently, an 

issue was raised regarding the application of the NDEQ ban on open fires to a Native 

An Equal Opportunity/Affirmative Action Employer 

Printed with soy ink on recycled paper 6 
American sweat lodge. The rules in Chapter 30 have been amended to allow fires used 

for religious activities to be exempt from the ban. 

C. GENERAL IMPACT: Changing the definition of volatile organic compound allows 

certain Nebraska sources to use the exempted compounds, particularly t-butyl acetate, to 

operate in a more environmentally beneficial manner. T-butyl acetate can be used to 

replace toluene and xylene in many applications, thus reducing emissions of hazardous 

air pollutants. The adoption of federal MACT standards allows NDEQ to regulate and 

enforce compliance with these standards and allow sources subject to these standards to 

deal with NDEQ on matters related to the standards, rather than having to deal with the 

federal EPA office in Kansas City. Incorporating the statutory construction application 

fees into Title 129 allows sources to see all permitting requirements in one place, rather 

than having to look both in the rules and in the statute. The exemption from the open 

burning ban for religious activities will lessen confusion in enforcement of the ban. 

D. SUMMARY OF PUBLIC HEARING: Air Quality Division Program Specialist 

Beverly Kellison presented the Department's detailed proposals for changes to Title 129. 

No other testimony, either oral or written, was presented. Following the hearing, the 

Environmental Quality Council adopted all proposed rules. 

E. EFFORTS TO ADDRESS ISSUES OF GROUPS OR INDIVIDUALS WHO 

HAVE COMMENTED: No comments were received, so there was no need to address 

issues of commenters. 

F. FISCAL IMPACT: The MACT standards adopted by the EQC are already federal rule. 

While it is officially EPA's responsibility to enforce these standards until the state adopts 

them, the Department, as a practical matter, performs the action and incurs the cost 

necessary to assure compliance, regardless of whether the state has adopted the standards. 

Therefore, no significant impact occurs when the state adopts the standard . Sources may 

incur significant costs in complying with construction permit fees or MACT standards. 

However, because sources are already subject to the fees because they are defined in state 

statute, and because sources are subject to the MACT standards whether EPA or the state 

has enforcement responsibility, no further fiscal impact occurs when the state 

incorporates fees or adopts the standards into regulation. 

G. FTE IMPACT: The proposed revisions will have no impact on the number of full-time 

equivalent positions in the Department . 

H. UNFUNDED MANDATE: The proposed changes do not include any unfunded 

mandates on municipalities . 

I. ISSUES OF UNIQUE INTEREST: No proposed revision is of unique interest to a 

particular geographic area. 
I request and recommend that you sign the attached proposed revisions to Nebraska Department 

of Environmental Quality Title 129 - Nebraska Air Quality Regulations. Please contact Annette 

Kovar or me, if you have any questions or concerns. 

Checklist: (To be completed by Governor's Policy Research Office) 

30 day notice of hearing /waiver 

Affidavit of Publication 

Copy of Notice to Secretary of State and Executive Board of Legislative Council 

Agency Director's Certificate of Adoption 

Four Copies of Proposal and One Working Copy 

Attorney General Stamp of Approval on First and Last Pages 

Concise Explanatory Statement (including any description of changes) 

Final Fiscal Impact Statement (including any description of changes) 

Negotiated Rulemaking Notice, if applicable 

Regulations on diskette (or filed electronically) 

Memorandum to the Govemor with Checklist and Information 
Dave Heineman 

Governor 

P.O. Box 94601 " Lincoln, Nebraska 68509-4601 

Phone: (402) 471P15~ UQ2,~ 471_252 8 E VF I 

Governor's Policy Research Office 

Lauren L. Hill, Director 

SEP 212005 

Nebraske ~'a,~:.rt :a~r~; ot 

September 20, 2005 BEnnroniontalQoollty 

r 

Michael Linder, Director 

NE Department of Environmental Quality 

The Atrium, Suite 400 

1200 N Street 

Lincoln, NE 68509 

RE : Title 129, NAC 1, 17, 28, 30 - Nebraska Air Quality 

Dear Mike : 

On September 20, 2005, the Governor approved the above-referenced 

regulations . The Governor's Policy Research Office filed the 

regulations with the Secretary of State's Office on September 20, 

2005 . 

Sincerely, 

Helen Plucknett 

Administrative Assistant 

cc : Policy Adviser 

GPRO File w/Regs 

STATE OF NEBRASKA 

An Equal Opportunity/Affirmative Action Employer 

Printed with soy ink on recycled paper 
AIR QUALITY REGULATIONS 

STATE OF NEBRASKA 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

TABLE OF CONTENTS 

CHAPTER TITLE PAGE 

1 Definitions 1-1 

2 Definition of Major Source 2-1 

3 Regions and Subregions: How Classified 3-1 

4 Ambient Air Quality Standards 4-1 

5 Operating Permits - When Required 5-1 

6 Emissions Reporting: When Required 6-1 

7 - Operating Permits - Application 7-1 

8 Operating Permit Content 8-1 

9 General Operating Permits for Class I and Class II Sources 9-1 

10 Operating Permits for Temporary Sources 10-1 

11 Operating Permits - Emergency; Defense 11-1 

12 Operating Permit Renewal and Expiration 12-1 

13 Class I Operating Permit - EPA Review; 

Affected States Review; Class 11 Permit ; 13-1 

14 Permits - Public Participation 14-1 
CHAPTER TITLE PAGE 

15 Operating Permit Modifications; Reopening for Cause 15-1 

16 Stack Heights; Good Engineering Practice (GEP) 16-1 

17 Construction Permits - When Required 17-1 

18 New Source Performance Standards 18-1 

19 Prevention of Significant Deterioration of Air Quality 19-1 

20 Particulate Emissions; Limitations and Standards 

(Exceptions due to Breakdowns or Scheduled 

Maintenance: See Chapter 34 20-1 

21 Controls for Transferring, Conveying, Railcar and 

Truck Loading at Rock Processing Operations 

in Cass County 21-1 

22 Incinerators ; Emission Standards 22-1 

23 Hazardous Air Pollutants: Emission Standards 23-1 

24 Sulfur Compound Emissions: Existing Sources 

Emission Standards 24-1 

25 Nitrogen Oxides (Calculated as Nitrogen Dioxide); 

Emissions Standards for Existing Stationary Sources 25-1 

26 Acid Rain 26-1 

27 Hazardous Air Pollutants; Maximum Achievable ' 

Control Technology (MACT) 27-1 

28 Hazardous Air Pollutants ; Emissions Standards 28-1 

29 Operating Permit Emission Fees 29-1 
CHAPTER TITLE PAGE 

30 Open Fires, Prohibited; Exceptions 30-1 

31 Compliance Assurance Monitoring 31-1 

32 Dust; Duty to Prevent Escape of 32-1 

33 Compliance; Time Schedule For 33-1 

34 Emission Sources-, Testing; Monitoring 34-1 

35 Compliance; Exceptions Due to Startup, Shutdown, 

or Malfunction 35-1 

36 Control Regulations; Circumvention, When Excepted 36-1 

37 Compliance; Responsibility of Owner/Operator 

Pending Review by Director 37-1 

38 Emergency Episodes; Occurrence and Control, 

Contingency Plans 38-1 

39 Visible Emissions From Diesel-Powered Motor Vehicles 39-1 

40 General Conformity 40-1 

41 General Provisions 41-1 

42 Permits by Rule 42-1 

Appendix I 

Appendix II 

Appendix III 
AIR QUALITY REGULATIONS 

STATE OF NEBRASKA 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

SUBJECT OR TITLE ENABLING LEGISLATION CODE SECTION 

Acid Rain 81-1504(l)(2) Ch. 26 

81-1505 (12)(16) 

Ambient Air 81-1504 (1)(2) Ch. 4 

Quality Standards 81-1505 (1)(12) 

. 

Amendment or Repeal 84-901- 84-919 Ch. 41 

81-1505 (17) 

Appeals 81-1509 Ch. 41 

r 

Compliance; Actions to Enforce 81-1506; 1507 Ch. 41 

Penalties for Non-Compliance 81-1508; 60-6,373 

Compliance; Exceptions Due 81-1504 (1)(2)(11) " Ch. 35 

to Startup, Shutdown or 81-1505 (12)(16) 

Malfunction 

Compliance; Responsibility 81-1504(l)(2)(11) Ch. 37 

of Owner/Operator Pending 81-1505 (12)(16) 

Review by Director 

Compliance; Time 81-1504 (1)(2)(4)(11)(25) Ch. 33 

Schedule For 81-1505 (12) 

81-1513 (1) to (7) 

Construction Permits; 81-1504 (1)(2) ' Ch. 17 

When Required 81-1505 (12) . 

Control Regulations; 81-1504 (1)(2) Ch. 36 

Circumvention, When 81-1505 (12) 

Excepted 
SUBJECT OR TITLE ENABLING LEGISLATION CODE SECTION 

Controls for Transferring, 81-1504 (1)(2) Ch. 21 

Conveying, Railcar and Truck 81-1505 (12) 

Loading at Rock Processing 

Operations in Cass County 

Definitions Ch. 1 

Dust; Duty to Prevent 81-1504 (1)(2) Ch. 32 

Escape of 81-1505 (12) 

Emergency; Defense 81-1504 (1)(2) Ch. 11 

Operating Permits 81-1505 (12)(16) 

Emergency Episodes; 81-1504 (1)(2) Ch. 38 

Occurrence and Control, 81-1505 (1)(12)(16) 

Contingency Plans 81-1507(4) 

Emission Sources; Testing 81-1504 (1)(2)(11)(15)(21)(24) Ch. 34 

Monitoring 81-1505 (12)(16) 

EPA Review; Affected States 81-1504 (1)(2) Ch. 13 

Review; Class I Operating 81-1505 (12) 

Permit, Class II Permit 

Fees; Emissions, 81-1504 (1)(2) Ch. 29 

Operating Permit 81-1504 

81-1505 (12) 

Financial Assurance 81-1505 (21)(a) Ch. 41 

General Operating 81-1504 (1)(2) Ch. 9 

Permits for Class I 81-1505 (12)(16) 

and Class II Sources 

Hazardous Air Pollutants; 81-1504 (1)(2) Ch. 23 

Emission Standards 81-1505 (1)(12) 
SUBJECT OR TITLE ENABLING LEGISLATION CODE SECTION 

Hazardous Air Pollutants; 81-1504 (1)(2) Ch. 28 

Emission Standards 81-1505 (1)(12) 

Hazardous Air Pollutants; 81-1504 (1)(2) Ch. 27 

Maximum Achievable Control 81-1505 (12)(16) 

Technology (MACT) 

Hazardous Air Pollutants; 81-1504 (1)(2) Ch. 42 

Reportable Limits for 81-1505 (1) (12) 

Emissions Inventory ' ~~ -- 81-1505.04 

Incinerators ; Emission 81-1504 (1)(2) Ch. 22 

Standards 81-1505 (1)(2) 

Major Source; Definition of Ch. 2 

Monitoring; Compliance 81-1504(1)(2) Ch. 31 

Assurance 81-1505(12)(g) 

New Source Performance 81-1504 (1)(2) Ch. 18 

Standards 81-1505 (12) 

Nitrogen Oxides (Calculated 81-1504 (1)(2) Ch. 25 

as Nitrogen Dioxide); Emission 81-1505 (1)(12) 

Standards for Existing 

Stationary Sources 

Open Fires; Prohibited 81-1504 (1)(2) Ch. 3 0 

Exceptions 81-1505 (12) 

Operating Permits Application 81-1504 (1)(2) Ch. 7 

81-1505 (12)(16) 

Operating Permit Content 81-1504 (1)(2) Ch. 8 

81-1505 (12)(16) 
SUBJECT OR TITLE ENABLING LEGISLATION CODE SECTION 

Operating Permits - When 81-1504 (1)(2) Ch. 5 

Required 81-1505 (12)(16) 

Operating Permit Modifications 81-1504 (1)(2) Ch. 15 

Reopening for Cause 81-1505 (12) 

Particulate Emissions 81-1504 (1)(2) Ch. 20 

Limitations and Standards 81-1505 (1)(12) 

Pen-nits by Rule ' - 81-1504 (1)(2) Ch. 42 

81-1505 (12)(16) 

Prevention of Significant 81-1504 (1)(2) Ch. 19 

Deterioration of Air Quality 81.-1505 (12) 

Public Participation ; Permits 81-1504 (1)(2) Ch. 14 

81-1505 (12) 

Regions and Subregions: 81-1504 (1)(2) Ch. 3 

How Classified 81-1505 (1)(12) 

Renewal and Expiration ; 81-1504 (1)(2) Ch. 12 

Operating Permit 81-1505 (12) 

Reporting; Emissions : When 81-1504 (1)(2) Ch. 6 

Required 81-1505 (12)(16) 

Severability 81-1504 (13) Ch. 41 

Stack Heights; Good 81-1504 (1)(2) Ch. 16 

Engineering Practice (GEP) 81-1505 (12) 

. . J 

Sulfur Compound Emissions 81-1504 (1)(2) Ch. 24 

Existing Sources Emission 81-1505 (1)(2) " 

Standards 
SUBJECT OR TITLE ENABLING LEGISLATION CODE SECTION 

Temporary Sources; 81-1504 (1)(2) Ch. 10 

Operating Permits for 81-1505 (12)(16) 

Visible Emissions from Diesel- 60-2203 Ch. 39 

Powered Motor Vehicles 
APPROVED 

S t P u 0 2005 

DAVE- DF 

NEBRASKA ADMINISTRATNE CODE 

Title 129 - Department of Environmental Quality 

Chapter 1 - DEFINITIONS 

APPROVED 

JON BRUNING 

ATT Y E L 

Assist Att r ~ ~ eneraf 

DATE. . . . . . . . . .,1 . . . . . . . . . . 

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 Cleajj Air,Act, as amended (42 U.S .C. 7401 et seq.) . 

002 "Actual emissions" 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 "Administrator" means the Administrator of the Agency or his or her designee. 

004 "Affected facility" means, with reference to a stationary source, any apparatus 

to which a standard of performance is specifically applicable. - 

FILED 

S v- F ~ 2 0 2005 

I 

1-1 

Sti ,RETARY OF STATE 
Title 129 

Chapter 1 

005 "Affected source" means a source that includes one or more affected units. 

006 "Affected States" means all States that : 

006.01 Are one of the following contiguous States : Colorado, Iowa, Kansas, 

Missouri, South Dakota, and Wyoming, and in the judgment of the Director 

may be affected by emissions from a facility seeking a Class I permit, 

modification, or renewal ; or 

006.02 Are a contiguous State within 50 miles of the permitted source . 

_007 "Affected unit" means a unit that is subject to emission reduction requirements 

or limitations under Chapter 26. 

008 "Agency" means the Environmental Protection Agency (EPA). 

_009 "Air contaminant" or "Air contamination" means the presence in the outdoor 

atmosphere of any dust, fumes, mist, smoke, vapor, gas, or other gaseous fluid, or 

particulate substance differing in composition from or exceeding in concentration 

the natural components of the atmosphere. 

010 "Air pollutant" or "air pollution" means the presence in the outdoor 

atmosphere of one or more air contaminants or combinations thereof in such 

quantities and of such duration as are or may tend to be injurious to human, plant or 

animal life . 

011 "Air pollution control agency" means any of the following: 

011 .01 The Department designated by statute as the official state air 

pollution control agency for purposes of Neb. Rev. Stat. Sections 81-1501 to 

81-1532 ; 

011 .02 An agency established by two or more states and having substantial 

powers or duties pertaining to the prevention and control of air pollution; 

1-2 
Title 129 

Chapter 1 

011 .03 A city, county, or other local government health authority; or in the 

case of any city, county, or other local government in which there is an 

agency other than the health authority charged with responsibility for 

enforcing ordinances or laws relating to the prevention and control of air 

pollution, such other agency; or 

011 .04 An agency of two or more municipalities located in the same state or 

in different states and having substantial powers or duties pertaining to the 

prevention and control of air pollution. 

012 "Air Quality Control Region" means a region designated by the Governor, 

with the approval of the Administrator, for the purpose of assuring that national 

primary and secondary ambient air quality standards will be achieved and 

maintained. Within one year after the promulgation of a new or revised National 

Ambient Air Quality Standard, The Governor must designate each region as nonattainment, attainment, or unclassifiable . The Administrator must approve the 

designations . 

_013 "Allowable emissions" means the emissions rate of a stationary source 

calculated using the maximum rated capacity of the source (unless the source is 

subject to federally enforceable limits which restrict the operating rate, or hours of 

operation, or both) and the most stringent of the following: 

013.01 The applicable standards set forth in 40 CFR Parts 60 (Standards of 

Performance for New Stationary Sources) or Parts 61 or 63 (National 

Emission Standards for Hazardous Air Pollutants); 

013 .02 Any applicable State Implementation Plan emissions limitation 

including those with a future compliance date; or 

013 .03 The emissions rate specified as a federally enforceable. 

permit 

condition, including those with a future compliance date. 

1-3 
Title 129 

Chapter 1 

014 "Ambient air" means the portion of the atmosphere, external to buildings, to 

which the general public has access . 

_015 "AP-42" refers to the Compilation ofAir Pollutant Emission Factors, 

published by the EPA Office of Air Quality Planning and Standards. It contains 

emission factors and process information for more than 200 air pollution source 

categories. 

016 "Applicable requirem6i't"-means all of the following as they apply to 

emissions units in a source required to obtain an operating permit, including 

requirements that have been promulgated and approved by the Council through 

rule-making at the time of issuance but have future-effective compliance dates: 

016.01 Any standard or other requirement provided for in the applicable 

implementation plan that implements the relevant requirements of the Act, 

including any revisions to that plan promulgated in 40 CFR part 52 ; 

016.02 Any term or condition of any preconstruction permits; 

016.03 Any standard or other requirement under Chapter 18 relating to 

standards of performance for new stationary sources; 

016.04 Any standard or other requirement established pursuant to Section 

112 of the Act and regulations adopted by the Council in Chapters 23, 27 and 

28 relating to hazardous air pollutants listed in Appendix II ; 

016.05 Any standard or other requirement of the acid rain program under 

Chapter 26; 

016.06 Any requirements established under Chapter 31 or putsuant to any 

permit or order issued by the Director under this Title; 

016.07 Any standard or other requirement governing solid waste incineration 

under Chapter 18 or pursuant to Section 129(e) of the Act and regulations 

adopted by the Council; 

1-4 
Title 129 

Chapter 1 

016.08 Any standard or other requirement for consumer and commercial 

products established under Section 183(e) of the Act and regulations adopted 

by the Council; 

016.09 Any standard or other requirement for tank vessels established under 

Section 183(f) and regulations adopted by the Council ; 

016.10 Any standard_gr,Qther.requirement to protect stratospheric ozone as 

promulgated pursuant to Title VI of the Act and regulations adopted by the 

Council. 

016.11 Any national ambient air quality standard or increment or visibility 

requirement under Chapter 19 but only as it would apply to temporary 

sources permitted pursuant to Chapter 10. 

016.12 "Applicable requirements under the Act" means federal regulations 

promulgated pursuant to the Clean Air Act, as amended, which have not been 

considered and adopted by the Council. 

017 "Area source" means: 

017.01 For the purposes of Class I permits under Chapter 5, 001 .01C, any 

stationary source of hazardous air pollutants that is not a major source and as 

more particularly defined by National Emission Standards for Hazardous Air 

Pollutants promulgated under 40 C.F.R. Part 63 and adopted by the Council. 

017.02 For all other purposes, any small residential, governmental, 

institutional, commercial, or industrial fuel combustion operation; on-site 

waste disposal facility, vessels, or other transportation facilities ; or other 

miscellaneous sources, as identified through inventory techniqiues approved 

by the Director. 

017.0_3 Area source shall not include motor vehicles or nonroad vehicles . 

1-5 
Title 129 

Chapter 1 

_018 "Begin actual construction" means in general, initiation of physical on-site 

construction activities on an emissions unit which are of a permanent nature. Such 

activities include, but are not limited to, installation of building supports and 

foundations, laying of underground pipework, and construction of permanent 

storage structures . With respect to a change in method of operating this term refers 

to those on-site activities other than preparatory activities which mark the initiation 

of the change. 

019 "Best Available Conirol Technology" means an emission limitation or a 

design, equipment, work practice, operational standard or combination thereof, 

which results in the greatest degree of reduction of a pollutant, as determined by the 

Director to be achievable by a source, on a case-by-case basis, taking into account 

energy, public health, environmental and economic impacts and other costs. 

020 "Building, structure, or facility" means all of the pollutant-emitting activities 

which belong to the same industrial grouping, are located on one or more 

contiguous or adjacent properties, and are under the control of the same person (or 

persons under common control). Pollutant-emitting activities shall be considered as 

part of the same industrial grouping if they belong to the same "Major Group" (i .e ., 

which have the same two-digit code) as described in the Standard Industrial 

Classification Manual, 1987. 

021 "Class I operating permit" means any permit or group of permits covering a 

Class I source that is issued, renewed, amended, or revised pursuant to this Title. 

022 "Class I source" means any source subject to the Class I permitting 

requirements of Chapter 5. 

023 "Class II operating permit" means any permit or group of permits covering a 

Class 11 source that is issued, renewed, amended, or revised pursuarlt to this Title. 

024 "Class II source" means any source subject to the Class II permitting 

requirements of Chapter 5. 

1-6 
Title 129 

Chapter 1 

_025 "Commence" as applied to construction, reconstruction, or modification of a 

stationary source means that the owner or operator has all necessary preconstruction 

approvals and either has: 

025 .01 Begun, or caused to begin, a continuous program of physical on-site 

construction of the source to be completed within a reasonable time; 

025 .02 Entered into binding agreements or contractual obligations, which 

cannot be cancelled on modified without substantial loss to the owner or 

operator, to undertake a program of construction of the source to be 

completed within a reasonable time. 

026 "Construction" means any physical change or change in the method of 

operation (including fabrication, erection, installation, demolition, or modification 

of an emissions unit) which would result in a change in actual emissions . 

027 "Consumer Price Index" or "CPP' means the average of the Consumer Price 

Index for all urban consumers published by the United States Department of Labor 

at the close of the twelve-month period ending on August 31 of each year. 

_028 "Control" and "controlling" means prohibition of contaminants as related to air 

pollution. 

029 "Control strategy" means a plan to attain National Ambient Air Quality 

Standards or to prevent exceeding those standards. 

030 "Council" means the Environmental Quality Council. 

031 "Department" means the Department of Environmental Quality. 

032 "Designated representative" means a responsible natural person, authorized by 

the owners and operators of an affected source and of all affected units at the 

source, as evidenced by a certificate of representation submitted in accordance with 

Subpart B of 40 CFR part 72, to represent and legally bind each owner and 

operator, as a matter of federal law, in matters pertaining to the Acid Rain Program. 

1-7 
Title 129 

Chapter 1 

Whenever the term "responsible person" is used in this Title, it shall be deemed to 

refer to the "designated representative" with regard to all matters under the Acid 

Rain Program. 

033 "Deviation" means a departure from an indicator range or work practice for 

monitoring, consistent with any averaging period specified for averaging the results 

of the monitoring. 

034 "Director" means theDiYector of the Department of Environmental Quality or 

his or her designee. 

035 "Draft permit" means the version of a permit for which the permitting 

authority offers public participation and, in the case of a Class I draft operating 

permit, affected State review. 

_036 "Elevated terrain" means terrain, which may affect the calculation of good 

engineering practice stack height . . 

_037 "Emission data" means chemical analysis of process fuel and the 

manufacturing or production process, as well as operational procedures and actual 

nature and amounts of emissions. 

_038 "Emission limitation" and "Emission standard" mean a requirement 

established pursuant to this Title, the State Act, or the Administrator which limits 

the quantity, rate, or concentration of emissions of air pollutants on a continuous 

basis, including any requirements which limit the level of opacity, prescribe 

equipment, set fuel specifications, or prescribe operation or maintenance 

procedures for a source to assure continuous emission reduction. 

039 "Emissions allowable under the permit" means a federally enfo'rceable permit 

term or condition determined at issuance to be required by an applicable 

requirement that establishes an emissions limit (including a work practice standard) 

or a federally enforceable emissions cap that the source has assumed to avoid an 

applicable requirement to which the source would otherwise be subject. 

1-8 
Title 129 

Chapter 1 

_040 "Emissions unit" means any part or activity of a stationary source, which emits 

or would have the potential to emit any regulated air pollutant or any pollutant 

listed in Appendix 11 . This term is not meant to alter or affect the definition of the 

"unit" for purposes of Chapter 26. 

_041 "Emissions" means releases or discharges into the outdoor atmosphere of any 

air contaminant or combination thereof. 

042 "Existing source" means equipment, machines, devices, articles, contrivances, 

or installations which are in being on the effective date of these regulations. 

043 "Federally enforceable" means all limitations, conditions, and requirements 

within any applicable State Implementation Plan, any permit requirements 

established in any permit issued pursdant to this Title, and any requirements in 

Chapters 18 and 23, 27, or 28 which are enforceable by the Administrator. 

044 "Final permit" means the version of a permit issued by the Department that has 

completed all review procedures-required by Chapter 14, and for a Class I permit, 

Chapter 13 . 

045 "Fixed capital cost" means the capital needed to provide all the depreciable 

components of a source. 

046 "Fuel burning equipment" means any furnace, boiler, apparatus, stack and all 

associated equipment, used in the process of burning fuel . 

047 "Fugitive dust" means solid airborne particulate matter emitted from any 

source other than a flue or stack. 

048 "Fugitive emissions" means those emissions which could not reasonably pass 

through a stack, chimney, vent, or other functionally equivalent opening. 

049 "General permit" means a Class I or Class II operating permit that meets the 

requirements of Chapter 9. 

1-9 
Title 129 

Chapter 1 

050 "Hazardous air pollutant" means any air pollutant: 

050.01 listed in Appendix Il, or 

050.02 to which no ambient air quality standard is applicable and which in 

the judgment of the Director may cause, or contribute to, an increase in 

mortality or an increase in serious irreversible, or incapacitating reversible, 

illness. 

051 "Incinerator" means any furnace used in the process of burning solid waste, 

except for a furnace owned and operated by law enforcement agencies solely to 

dispose of ammunition, fireworks or similar flammable or explosive materials. 

_052 "Insignificant activities" refers to activities and emissions that may be 

excluded from reporting for operating permit applications and/or emissions 

inventories. Emissions exempted from reporting requirements must still be included 

in the determination of whether a source must obtain a Class I or Class II operating 

permit. 

053 "Installation" means an identifiable piece of process equipment. 

054 "Interstate air pollution control agency" means: 

054.01 An air pollution control agency established by two or more states ; or 

054.02 An air pollution control agency of two or more political subdivisions 

located in different states . 

055 "Local agency" means any air pollution control agency in this state, other than 

a state agency, which is charged with responsibility for carrying out,`part of a plan. 

056 "Low emitter" refers to a facility that has a potential to emit any regulated 

pollutant above the major source threshold (Class I operating permit level), but has 

actual emissions below the levels requiring a Class II operating permit . 

1-10 
Title 129 

Chapter 1 

057 "Lowest Achievable Emission Rate (LAER)" means, for any source, the more 

stringent emission rate from either : 

057.01 The most stringent emission limitation contained in the 

implementation plan of any state for such class or category of sources (as 

adopted by the Council) unless the owner or operator of the proposed source 

demonstrates that such limitations are not achievable ; or 

057 .02 The most strftentErnission limitation which is achieved in practice 

by such class or category of source and adopted by the Council . These 

limitations, when applied to a modification, means the lowest 

achievable emissions rate for the new or modified emissions units within the 

stationary source. In no event shall the application of this term permit a 

proposed new or modified stationary source to emit any pollutant in excess of 

the amount allowable under an applicable new source standard of 

performance. 

058 "Major modification" means any physical change in or change in the method 

of operation of a major stationary source that would result in a significant net 

emissions increase of any pollutant subject to regulation under the Act. 

058 .01 Any net emissions increase that is considered significant for volatile 

organic compounds shall be considered significant for ozone. 

058.02 A physical change or change in the method of operation shall not 

include: 

058-02A Routine maintenance, repair and replacement; 

058.0213 Use of an alternative fuel or raw material by reason of an 

order under sections 2(a) and (b) of the Energy Supply and 

Environmental Coordination Act of 1974 (or any superseding 

legislation) or by reason of a natural gas curtailment plan pursuant to 

the Federal Energy Regulatory Act; 

1-11 
Title 129 

Chapter 1 

058.02C Use of an alternative fuel by reason of an order or rule under 

section 125 of the Act; 

058.02D Use of an alternative fuel at a steam-generating unit to the 

extent that the fuel is generated from municipal solid waste; 

058.02E Use of an alternative fuel or raw material by a stationary 

source which; 

058 .02E1 The source was capable of accommodating before 

December 21, 1976, unless such change would be prohibited 

under any federally enforceable permit condition, which was 

established after December 21, 1976, pursuant to 40 CFR 

52 .21 or under regulations approved pursuant to 40 CFR Part 51, 

Subpart I or 40 CFR 51 .166; or 

058 .02E2 The source is approved to use under any permit issued 

under regulations approved pursuant to 40 CFR 51 .165 . 

058 .02F An increase in the hours of operation or in the production 

rate, unless such change is prohibited under any federally enforceable 

permit condition, which was established after December 21, 

1976, pursuant to 40 CFR 52.21 or regulations approved pursuant to 40 

CFR Part 51, Subpart I; or 

058 .OZG Any change in ownership at a stationary source . 

059 "Major stationary source" or "major source" means any source identified in 

Chapter 2. 

060 "Maximum achievable control technology (MACT)" means: 

060.01 For new sources, the emission limitation reflecting the maximum 

degree of reduction in hazardous air pollutant emissions that is deemed 

1-12 
Title 129 

Chapter 1 

achievable, which is no less stringent than the emission limitation achieved in 

practice by the best controlled similar source . 

060.02 For existing sources, the emission limitation reflecting the maximum 

degree of reduction in hazardous air pollutant emissions that the Director, 

taking into consideration the cost of achieving such emission reductions, and 

any non-air quality health and environmental impacts and energy 

requirements, determines is achievable by sources in the category or 

subcategory, which 3sho~less stringent than the average emission limitation 

achieved by the best performing 12 percent of the existing sources, as 

determined pursuant to section 112(d)(3) of the Act. 

061 "Method 9" refers to a visual determination of the opacity of emissions from a 

stationary source as defined in 40 CFR 60, Appendix A-4. 

062 "Method 22" refers to a visual determination of fugitive emissions from 

material sources and smoke emissions from flares as defined in 40 CFR 60, 

Appendix A-7. " 

063 "Minor source" means any source which is not defined as a major source in 

Chapter 2. 

064 "Mobile source" means a motor vehicle, nonroad engine, or nonroad vehicle. A 

motor vehicle is a self-propelled vehicle designed for transporting persons or 

property on a street or highway. A nonroad vehicle is a vehicle powered by a 

nonroad engine . A nonroad engine is an internal combustion engine that is not used 

in a motor vehicle or a vehicle used solely for competition, or that is not subject to 

standards promulgated under section 111 or section 202 of the Act.. 

065 "Modification" means any physical change in, or change in method of 

operation of, an affected facility which increases the amount of any air pollutant, 

except that : 

065.01 Routine maintenance, repair, and replacement (except as defined as 

reconstruction) shall not be considered physical changes; and 

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Title 129 

Chapter 1 

065.02 An increase in the production rate or hours of operation shall not be 

considered a change in the method of operation, unless such change would 

violate a permit condition. 

_066 "National standard" means either a primary or a secondary standard 

established pursuant to the Act. 

067 "Necessary preconstiuciidri-approvals or permits" means those permits or 

approvals required under federal air quality control laws and regulations and those 

air quality control laws and regulations which are part of the applicable State 

Implementation Plan. 

_068 "Net emissions increase" means the amount by which the sum of the following 

exceeds zero: 

068 .01 Any increase in actual emissions from a particular physical change or 

change in the method of operation at a stationary source ; and 

068 .02 Any other increases and decreases in actual emissions at the source 

that are contemporaneous with the particular change and are otherwise 

creditable . An increase or decrease in actual emissions is contemporaneous 

with the increase from the particular change only if it occurs before the date 

that the increase from the particular change occurs . An increase or decrease 

in actual emissions is creditable only if. 

068.02A It occurs within a reasonable period, not to exceed one year, 

to be specified by the Director ; and 

068 .02B The Director has not relied on it in issuing a liermit for the 

source under regulations approved pursuant to 40 CFR 51 .165, 

which permit is in effect when the increase in actual emissions from 

the particular change occurs . 

1-14 
Title 129 

Chapter 1 

068 .03 An increase in actual emissions is creditable only to the extent that 

the new level of actual emissions exceeds the old level . 

068.04 A decrease in actual emissions is creditable only to the extent that : 

068.04A The old level of actual emissions or the old level of 

allowable emissions, whichever is lower, exceeds the new level of 

actual emissions; 

068.04B It is federally enforceable at and after the time that actual 

construction on the particular change begins ; 

068.04C The Director has not relied on it in issuing any permit under 

regulations approved pursuant to 40 CFR Part 51, 

Subpart I or in demonstrating attainment or reasonable further 

progress ; and 

068.04D It has approximately the same qualitative significance for 

public health and welfare as that attributed to the increase from the 

particular change. 

068.05 An increase that results from a physical change at a source occurs 

when the emissions unit on which construction occurred becomes operational 

and begins to emit a particular pollutant. Any replacement unit that requires 

shakedown becomes operational only after a reasonable shakedown period, 

not to exceed 180 days. 

069 "New source" means any stationary source the construction, modification, or 

reconstruction of which is commenced after the publication of regulations by the 

State of Nebraska or the federal government prescribing a standard of performance 

which will be applicable to such source . 

070 "Non-attainment area" means any area designated by the Department or the 

Agency pursuant to Section 107 (d) of the Act as an area exceeding any National 

Ambient Air Quality Standard. 

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Title 129 

Chapter 1 

071 "Opacity" means a state which renders material partially or wholly impervious 

to rays of light and causes obstruction of an observer's view. 

072 "Open fires" means the burning of any matter in such a manner that the 

products of combustion resulting from such fires are emitted directly into the 

ambient air without passing through an adequate stack, duct, or chimney. 

073 "Owner or operator" means anyperson who owns, leases, operates, controls, 

or supervises a stationary source. 

074 "PM1o" means particulate matter with an aerodynamic diameter less than or 

equal to a nominal 10 micrometers asFmeasured by a reference method based on 

Appendix J at 40 CFR Part 50 or equivalent methods. 

075 "Particulate matter" means any airborne finely divided solid or liquid material 

with an aerodynamic diameter smaller than 100 micrometers. 

_076 "Particulate matter emissions" means all finely divided solid or liquid material, 

other than uncombined water, emitted to the ambient air as measured by applicable 

reference methods, or an equivalent or alternative method, specified by the Agency, 

or by a test method specified in an approved State Implementation Plan. 

077 "PMIO emissions" means finely divided solid or liquid material, with an 

aerodynamic diameter less than or equal to a nominal 10 micrometers emitted to the 

ambient air as measured by an applicable reference method, or an equivalent or 

alternative method, specified by the Agency or by a test method specified in an 

approved State Implementation Plan. 

_078 "Permit modification" means a revision to a Class I or Class lI .16perating 

permit that meets the requirements of Chapter 15. 

079 "Permit program costs" means all reasonable (direct and indirect) costs 

required to develop and administer an air operating permit program, as set forth in 

Neb. Rev. Stat . §81-1505.04. 

1-16 
Title 129 

Chapter 1 

_080 "Permit revision" means any Class I or Class II operating permit modification 

or administrative permit amendment. 

081 "Permitting authority" means the Department of Environmental Quality. 

082 "Person" means any individual, corporation, partnership, firm, association, 

trust, estate, public or private institution, group, agency, political subdivision of this 

state, any other state or political- subdivision or agency thereof or any legal 

successor, representative, agent, or agency of the foregoing. 

_083 "Performance test" means measurements of emissions or other procedures 

used for the purpose of determining compliance with a standard .of performance 

conducted in accordance with approved test procedures . 

084 "Plan" means an implementation plan adopted by the State pursuant to Section 

110 of the Act, to attain and maintain a national standard . 

_085 "Potential to emit" means the maximum capacity of a stationary source to emit 

a pollutant under its physical and operational design. Any physical or operational 

limitation on the capacity of the source to emit a pollutant, including air pollution 

control equipment and restrictions on hours of operation or on the type or amount 

of material combusted, stored, or processed, shall be treated as part of its design if 

the limitation or the effect it would have on emissions is federally enforceable. 

Secondary emissions do not count in determining the potential to emit of a 

stationary source . This term does not alter or affect the use of this term for any 

other purposes under the Act, or the term "capacity factor" as used in Chapter 26. 

086 "Primary standard" means a national primary ambient air quality standard 

identified in Chapter 4. ` 

_087 "Process" means any action, operation or treatment, and all methods and forms 

of manufacturing or processing, that may emit smoke, particulate matter, gaseous 

matter, or other air contaminant. 

1-17 
Title 129 

Chapter 1 

088 "Process weight" means the total weight of all materials introduced into any 

source operation. Solid fuels charged will be considered as part of the process 

weight, but liquid and gaseous fuels and combustion air will not. 

089 "Process weight rate" means for continuous or long-run steady-state source 

operations, the total process weight for the entire period of continuous operation or 

for a typical portion thereof. For a cyclical or batch source operation, the total 

process weight for a period,that covers a complete operation or an integral number 

of cycles, divided by the number of fiours of actual process operation during such a 

period . Where the nature of any process or operation, or the design of any 

equipment, is such as to permit more than one interpretation of this definition, the 

interpretation that results in the minimum value for allowable emission shall apply. 

090 "Proposed Class I operating permit" means the version of a permit that the 

Department proposes to issue and forwards to the Administrator for review. 

091 "Reasonable further progress" means such annual incremental reductions in 

emissions of the relevant air pollutant as are required by the applicable 

implementation plan or may reasonably be required by the Director for the purpose 

of ensuring attainment of the applicable ambient air quality standard by the 

applicable date. 

_092 "Reconstruction" means a situation where the fixed capital cost of the new 

components exceeds 50% of the fixed capital cost of a comparable entirely new 

facility or source. However, any final decision as to whether reconstruction has 

occurred shall be made in accordance with the provisions of 40 CFR 60.15(f)(1)-

(3). A reconstructed source will be treated as a new stationary source . In 

determining best available control technology or lowest achievable emission rate 

for a reconstructed source, the provisions of 40 CFR 60.15(f)(4) shall be taken into 

account in assessing whether a standard of performance under 40 CFR Part 60 is 

applicable to such source . 

093 "Region" means: 

093 .01 An air quality control region designated by the Administrator; or 

1-18 
Title 129 

Chapter 1 

093 .02 Any area designated by the State as an air quality control region . 

094 "Regional administrator" means the Regional designee appointed by the 

Administrator. 

095 "Regulated air pollutant" means the following: 

095.01 Nitrogen oxides or-any volatile organic compounds as defined in this 

Chapter; 

095.02 Any pollutant for which a national ambient air quality standard has 

been promulgated; 

095 .03 Any pollutant that is subject to any standard in Chapter 18; and 

095.04 Any pollutant subject to a standard or other requirements established 

in Chapters 27 or 28 relating to hazardous air pollutants, including the 

following: 

095 .04A Any pollutant subject to requirements under Chapter 27, 005; 

and 

095 .0413 Any pollutant for which the requirements efrelating to 

construction, reconstruction, and modification in Chapter 27, 003, 

have been met, but only with respect to the individual source subject to 

these requirements . 

096 "Regulated pollutant for fee purposes" means any regulated air pollutant 

identified in the previous section, except for the following: ' 

096.01 Carbon monoxide; 

096.02 Particulate matter, excluding PMIO; 

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Title 129 

Chapter 1 

096.03 Any pollutant that is a regulated air pollutant solely because it is a 

Class I or 11 substance subject to a standard promulgated under or established 

by Title VI of the Act and regulations adopted by the Council; or 

096 .04 Any pollutant that is a regulated air pollutant solely because it is 

subject to a standard or regulation promulgated under Section 112(r) of the 

Act and regulations adopted by the Council. 

097 "Renewal" means the process by which a permit is reissued at the end of its 

term. 

098 "Responsible official" means one of the following: 

098 .01 For a corporation : a president, secretary, treasurer, or vice-president 

of the corporation in charge of a principal business function, or any other 

person who performs similar policy or decision-making functions for the 

corporation, or a duly authorized representative of such person if the 

representative is responsible for the overall operation of one or more 

manufacturing, production, or operating facilities applying for or subject to a 

permit and either: 

098.O1A The facilities employ more than 250 persons or have gross 

annual sales or expenditures exceeding $25 million (in second quarter 

1980 dollars) ; or 

098.O1B The delegation of authority to such representatives is 

approved in advance by the permitting authority; 

098 .02 For a partnership or sole proprietorship : a general paftner or the 

proprietor, respectively; , 

098 .03 For a municipality, State, Federal, or other public agency: Either a 

principal executive officer or ranking elected official . For the purposes of 

this part, a principal executive officer of a Federal agency includes the chief 

executive officer having responsibility for the overall operations of a 

1-20 
Title 129 

Chapter 1 

principal geographic unit of the agency (e.g., a Regional Administrator of 

EPA); or 

098 .04 For affected sources: 

098 .04A The designated representative in so far as actions, standards, 

requirements, or prohibitions under Chapter 26 are concerned; and 

098 .04B The designated representative for any other purposes under 

the Title V program. 

099 "Rule or regulation" means any rule or regulation of the Council . 

100 "Secondary emissions" means emissions which would occur as a result of the 

construction or operation of a major stationary source or major modification, but do 

not come from the major stationary source or major modification itself. Secondary 

emissions must be specific, well defined, quantifiable, and impact the same general 

area as the stationary source or modification, which causes the secondary 

emissions. Secondary emissions may include, but are not limited to: 

100.01 Emissions from ships or trains coming to or from the new or 

modified stationary source ; and 

100.02 Emissions from any offsite support facility which would not 

otherwise be constructed or increase its emissions as a result of the 

construction or operation of the major stationary source or major 

modification. 

101 "Secondary standard" means a national secondary ambient air quality standard 

identified in Chapter 4. 

102 "Section 502(b)(10) changes" are changes that contravene an express permit 

term. Such changes do not include changes that would violate applicable 

requirements or contravene federally enforceable permit terms and conditions that 

1-21 
Title 129 

Chapter 1 

are monitoring (including test methods), record keeping, reporting, or compliance 

certification requirements. 

103 "Significant" means, as pertains to a modification in a non-attainment area, a 

net increase in actual emissions by a rate that would equal or exceed the following: 

Pollutant and Emission Rate 

Carbon monoxide: ~ 100 tons per year (tpy) 

Nitrogen oxides : 40 tpy 

Sulfur dioxide: 40 tpy 

Particulate matter: 25 tpy 

PM1o: 15 tpy 

Ozone: 40 tpy of volatile organic compounds 

Lead: 0.6 tpy 

Fluorides: 3 tpy 

Sulfuric acid mist: 7 tpy 

Hydrogen sulfide (H2S): 10 tpy 

Total reduced sulfur (including H2 S): 10 tpy 

Reduced sulfur compounds (including H2S): 10 tpy 

Municipal waste combustor organics (measured as total tetra- through octachlorinated dibenzo-p-dioxins and dibenzofurans): 

3 .2x10-6 megagrams per year (3 .5x10-6 tons per year) 

1-22 
Title 129 

Chapter 1 

Municipal waste combustor metals (measured as particulate matter): 

14 megagrams per year (15 tons per year) 

Municipal waste combustor acid gases (measured as sulfur dioxide and 

hydrogen chloride): 36 megagrams per year (40 tons per year) 

Municipal solid waste landfill emissions (measured as nonmethane organic 

compounds):, 43 megagrams per year (50 tons per year) 

_104 "Solid waste" means any garbage, refuse, or sludge from a waste treatment . 

plant, water supply treatment plant, or air pollution control facility, or other 

discarded material, including solid, liquid, semisolid, or contained gaseous material 

resulting from industrial, commercial yor mining operations, or from community 

activities . 

105 "Source" means any property, real or personal, or person contributing to air 

pollution. 

106 "Speciation" is the process of classifying and separating objects by common 

characteristics including, but not limited to, chemical mass balance, factor analysis, 

optical microscopy, and automated scanning electron microscopy. It is the process 

used to find the relative proportions or mix of air source categories which best 

accounts for the composition of a pollutant sample. 

107 "Stack" means any point in a source designed to emit solids, liquids, or gases 

into the air, including a pipe or duct but not including flares . 

_108 "Stack in existence" means that the owner or operator had (1) begun, or caused 

to begin, a continuous program of physical on-site construction of the stack or (2) 

entered into binding agreements or contractual obligations which could not be 

cancelled or modified without substantial loss to the owner or operator, to 

undertake a program of construction of the stack to be completed in a reasonable 

time. 

1-23 
Title 129 

Chapter 1 

109 "Stack height" means the distance from the ground level elevation of a stack to 

the elevation of the stack outlet . 

110 "Standard of performance" means a standard for emission of air pollutants 

which reflects the degree of emission limitation achievable through the application 

of the best system of emission reduction which (taking into account the cost of 

achieving such reduction) the Director determines has been adequately 

demonstrated. 

, .~ . 

111 "Startup of operation" means the beginning of routine operation of an affected 

facility . 

112 "State" means any non-Federal permitting authority, including any local 

agency, interstate association, or statewide program. 

113 "State Act" means the Nebraska Environmental Protection Act, Neb. Rev. Stat. 

§81-1501 through §81-1533, as amended. 

114 "State agency" means the Nebraska Department of Environmental Quality 

established byNeb. Rev. Stat . Sections 81-1541 to 81-1533 . 

115 "Stationary source" means any building, structure, facility, or installation 

which emits or may emit any air pollutant subject to regulation under this Title. 

116 "Synthetic minor" refers to a facility that has a potential to emit any regulated 

pollutant above the major source threshold (Class I operating permit level), but has 

taken federally enforceable limits to keep potential emissions below the major 

source threshold, but above the minor source threshold. 

117 "Title V program" or "State program" means a program approved by the 

Administrator for purposes of Title V of the Act. ' 

118 "Total reduced sulfur" means total sulfur from the following compounds: 

hydrogen sulfide, methyl mercaptan, dimethyl sulfide, and dimethyl disulfide. 

1-24 
Title 129 

Chapter 1 

119 "Total Suspended Particulates" means particulate matter as measured by the 

method described in Appendix B of 40 CFR Part 50. 

_120 "UTM coordinates" refer to the Universal Transverse Mercator Coordinate 

(UTM) system, which provides coordinates on a world wide flat grid. The UTM 

coordinate system divides the world into 60 zones, each being six degrees longitude 

wide and extending from 80 degrees south latitude to 84 degrees north latitude . The 

first zone starts at the International Date Line and proceeds eastward. 

121 "Volatile organic compound (VOC)" means any compound of carbon, 

excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or 

carbonates, and ammonium carbonate, which participates in atmospheric 

photochemical reactions. VOC includes any such organic compound other than the 

following, which have been determined to have negligible photochemical 

reactivity: 

acetone ; 

1-chloro-1,1-difluoroethane (HCFC-142b); 

Chlorodifluoromethane (CFC-22); 

1-chloro-l-fluoroethane (HCFC-151a); 

chlorofluoromethane (HCFC-31); 

Chloropentafluoroethane (CFC-115); 

2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124); 

Dichlorodifluoromethane (CFC-12) ; 

1,1-dichloro-1-fluoroethane (HCFC-141b); 

1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC-114); 

1-25 
Title 129 

Chapter 1 

1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a) ; 

1,1-difluoroethane (HFC-152a); 

difluoromethane (HFC-32); 

2-(difluoromethoxymSthyl)-1,1,1,2,3,3,3-heptafluoropropane 

[(CF3)2CFCF20CH3); 

, _ , 

Ethane; 

2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane 

[(CF3)2CFCFZOC2HS]; 

1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F90C2H5); 

3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trefluoromethyl) hexane 

(known as HFE-7500, HFE-s702, T-7145, and L-15381); 

ethylfluoride (HFC-161); 

1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (n-C3F,OCH3) (known as HFE7000); 1,1,1,2,3,3,3-heptafluoropropane (known as HFC 227ea); 

1,1,1,2,3,3,3-heptafluoropropane (known as HFC 227ea) ; 

1,1,1,2,3,3-hexafluoropropane (HFC-236ea); 

1,1,1,3,3,3-hexafluoropropane (HFC-236fa); 

Methane; 

Methyl acetate; 

1-26 
Title 129 

Chapter 1 

methyl formate (HCOOCH3); 

Methylene chloride (dichloromethane); 

1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F90CH3) ; 

parachlorobenzotrifluoride (PCBTF); 

1,1,1,3,3-pentafluordbut-ane (HFC-365mfc); 

Pentafluoroethane (HCFC-125); 

1,1,1,2,3-pentafluoropropane (HFC-245eb); 

1,1,2,2,3-pentafluoropropane (HFC-245ca); 

1,1,2,3,3-pentafluoropropane (HFC-245e); 

1,1,1,3,3-pentafluoropropane (HFC-245fa); 

t-butyl acetate (known at tertiary butyl acetate or TBAC); 

tetrachloroethylene (PERC); 

1,1,1,2-tetrafluoroethane (HFC-134a); 

1,1,2,2-tetrafluoroethane (HFC-134); 

1,1,1-trichloroethane (methyl chloroform) ; 

Trichlorofluoromethane (CFC-11) ; . 

~1,1 ;2-trichloro-1,2,2-trifluoroethane (CFC-113); ; 
Title 129 

Chapter 1 

1,1,1-trifluoro-2,2-dichloroethane (HCFC-123) ; 

1,1,1-trifluoroethane (HFC-143a); 

Trifluoromethane (FC-23); 

volatile methyl siloxanes (VMS); 

and perfluorocarbon compounds which fall into the following classes: 

a. Cyclic, branched, or linear, completely fluorinated alkanes; 

b. Cyclic, branched, or linear, completely fluorinated ethers with no 

unsaturations; 

c. Cyclic, branched, or linear, completely fluorinated tertiary amines 

with no unsaturations; and . 

d. Sulfur containing perfluorocarbons with no unsaturations and with 

sulfur bonds only to carbon and fluorine. 

Legal Citation : Title 129, Ch. 1, Nebraska Department of Environmental Quality 

1-28 

APPROVED 

-W-SEP 2 0 2005 

D/+

G

V

G'

E F~EilcRwN=`.: .'..'J 

ATTORNEY,4EKBAL 

APPROVED 

JON BRUNING 

AssrstantAtter 

D ATE . . . . -2 . --7-- 
APPROVED 

~ 5 t P 2, 0 2005 

w 

FHEi- --' bvuj!~F.%~ ',I 

NEBRASKA ADMINISTRATIVE CODE 

Title 129 - Department of Environmental Quality 

Chapter 17 - CONSTRUCTION PERMITS - WHEN REQUIRED 

A 

APPROVED 

JON BRUNING 

Y 

BY 

assis'tTnt r orrfq'y Genera! 

DATE.7 .1. .~0.~. . . . . . . . . . . 

001 Except as provided under section 014 of this chapter or Chapter 42 of the 

Title, 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 : 

r 

0O1 .OlA Fifteen (15) tons/year of PMIO emissions. 

001 .0113 Forty (40) tons/year of sulfur dioxide (S02) or sulfur 

trioxide (S03), or any combination of the two. 

001 .01 C Forty (40) tons/year of oxides of nitrogen (calculated as 

N02). 

001 .011) Forty (40) tons/year of volatile organic compounds (VOC). 

001 .01E Fifty (50) tons/year of carbon monoxide. 

001 .0117 Six-tenths (0.6) tons/year of lead. 

001 .01 G 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: 

FILED 

SE? 2 0 2005 

17-1 

SECH ..`TARY OF STATE 

By Cf-~ , 
Title 129 

Chapter 17 

001 .02A Coal cleaning plants (with thermal dryers); 

001 .02B Kraft pulp mills; 

001 .02C Portland cement plants ; 

001 .02D Primary zinc smelters ; 

. . ; _ 

001 .02E Iron ,and steel mills; 

001 .02F Primary aluminum ore reduction plants; 

001 .02G Primary copper smelters ; 

001 .02H Municipal incinerators capable of charging more 

than 250 tons of refuse per day; 

001 .021 Hydrofluoric, sulfuric, or nitric acid plants ; 

001 .02J Petroleum refineries ; 

001 .02K Lime plants ; . 

001 .02L Phosphate rock processing plants; 

001 .02M Coke oven batteries; 

001 .02N Sulfur recovery plants ; 

001 .020 Carbon black plants (furnace process) ; 

001 .02P Primary lead smelters ; 

001 .02Q Fuel conversion plants ; 

17-2 
Title 129 

Chapter 17 

001 .02R Sintering plants ; 

001 .02S Secondary metal production plants ; 

001 .02T Chemical process plants ; 

001 .02U Fossil-fuel boilers (or combination thereof) totaling more 

than 250 million British thermal units per hours heat input; 

001 .02V Petroleum storage and transfer units with a total 

storage capacity exceeding 300,000 barrels; 

001 .02W Taconite ore pzocessing plants ; 

001 .02X Glass fiber processing plants ; 

001 .02Y Charcoal production plants ; 

001 .02Z Fossil fuel-fired steam electric plants of more than 

250 million British thermal units per hour heat input; 

001 .02AA Any other stationary source category which is being 

regulated by a standard promulgated under Section 111 or 112 of the 

Act as of August 7, 1980. 

001 .03 Any incinerator used for refuse disposal or for the processing of 

salvageable materials except refuse incinerators located on residential 

premises containing five or less dwelling units used only for the disposal of 

residential waste generated on the said property. 

002 The standards which would have been imposed under a construetion permit 

are applicable to those sources who have failed to obtain a permit to the same 

extent as if a permit had been obtained . 
Title 129 

Chapter 17 

003 'The owner or operator of any source required to obtain a construction permit 

under this Chapter shall submit an application on forms provided by the 

Department . 

003 .01 Application Fee. A non-refundable fee based on the proposed 

potential to emit of the entire source shall be paid in full and shall 

accompany each applipation for a construction permit in accordance with 

the following: 

Potential to Emit: Fee 

Less than 50 tons per year of any regulated air pollutant ; or 

Less than 2.5 tons per year of any single HAP; or $250 

Less than 10 tons per ear of any combination of HAPs 

50 tons or more but less than 100 tons per year of any regulated air 

pollutant; or 

2.5 tons or more but less than 10 tons per year of any single HAPs; or $1,500 

10 tons or more but less than 25 tons per year of any combination of 

HAPs 

100 tons or more per year of any regulated air pollutant; or 

10 tons or more per year of any single hazardous air pollutant (HAP); $3,000 

or 

25 tons or more per ear of an combination of HAPs 

004 An application will be deemed complete if it provides all the information 

required and is sufficient to evaluate the subject source and to determine all 

applicable requirements. The application shall be certified by a responsible 

official for the source. 

005 If the Department determines that the application is not complete and 

additional information is necessary to evaluate or take final action oin the 

application, the Department may request such information in writing and set a 

reasonable deadline for a response. 

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Title 129 

Chapter 17 

006 Any applicant who fails to submit any relevant facts or who has submitted 

incorrect information in a permit application shall, upon becoming aware of such 

failure or incorrect submittal, promptly submit such supplementary facts or 

corrected information. 

007 The Department shall require in the application information as necessary to 

determine if the new or modified source will interfere directly or indirectly with 

the attainment or maintenance of National Primary and Secondary Ambient Air 

Quality Standards, or violatie' any-portion of an existing control strategy. 

008 If an air quality impact analysis is deemed necessary by the Director as a part 

of a construction permit application, concentrations of pollutants that may be 

expected to occur in the vicinity of a source or combination of sources will be 

determined by use of an air pollution dispersion model acceptable to the Director . 

Meteorological and operating conditions that may occur that will produce the 

greatest concentrations of the pollutants emitted shall be used in evaluating the 

effect of the source(s) on air quality. 

009 Disapproval of Application for Permits. 

009.01 If it is determined by the Director that emissions resulting from the 

operation of a source to be constructed or modified will any portion of these. 

rules and regulations, violate any applicable federal air quality regulation ., or 

interfere with attainment or maintenance of a National Ambient Air Quality 

Standard, no permit will be granted until necessary changes are made in the 

plans and specifications to obviate the objections to issuance . 

009.02 A construction permit will not be issued for any major source or 

major modification when such source or modification would cause or 

contribute to a violation of a national ambient air quality standard by 

exceeding, at a minimum, the following significant levels at ariy locality 

that does not or would not meet the applicable national standard : 
Title 129 

Chapter 17 

Averaging period 

Pollutant Annual 24 hour 8 hour 3 hour 1 hour 

SOz l .o ug/m3 5 ug/m3 --- 25 ug/m3 --- 

PM1o 1 .0 uglm3 5 ug/m3 --- --- 

N02 1 .0 ug/m3 --- --- --- _-- 

CO --- --- 0.5 mg/m3 --- 2 mg/m3 

010 Issuance of permits. The Director shall publish notice of intent to approve or 

disapprove the application in accordance with the procedures of Chapter 14. 

011 Approval, by issuance of a permit for any construction, reconstruction, or 

modification, does not relieve the owner or operator from the responsibility to 

comply with the applicable portions of the Implementation Plan control strategy,_ 

The permittee must comply with all conditions of the construction permit. Any 

permit noncompliance shall constitute a violation of the State Act and the Act, 

and is grounds for enforcement action or permit revocation . - 

012 If construction, reconstruction, or modification of the source is not 

commenced within 18 months, the construction permit shall lapse except upon a 

showing by the permittee that the complexity of the construction, reconstruction, 

or modification requires additional time. 

013 Additional Requirements for Construction or Modification of Sources in 

Nonattainment Areas. 

013 .01 No permit to constructor modify will be issued for a proposed 

major source or a major modification if the source is located or is to be 

located in an area that is nonattainment for a pollutant for which the source 

or modification is major unless it is determined that : 

013.O1A By the time the facility is to commence operation, total 

allowable emissions from the same source or existing sources in the 

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Title 129 

Chapter 17 

same nonattainment area, from new sources which are not major 

emitting facilities, and from existing sources allowed under the 

Implementation Plan prior to~the application for such permit to 

construct or modify represent a net decrease in emissions and show 

reasonable further progress toward attainment and maintenance of the 

ambient air quality standards, and provided that any emissions 

reductions required as a precondition of the issuance of a permit shall 

be federally enforceable before such permit is issued . 

013 .0113 The proposed source is required to comply with the lowest 

achievable emission rate; and 

013 .01C The owner or operator of the proposed new or modified 

source has demonstrated that all other major stationary sources owned 

or operated by such person (or by an entity controlling, controlled by, 

or under common control with such person) in the State subject to 

emissions limitations are in compliance, or on a schedule for 

compliance, with all applicable emission limitations and standards . 

013 .011) The proposed source is in compliance with requirements 

established under the Implementation Plan and the State shall not 

issue a permit if the Administrator has determined that the applicable 

Implementation plan is not being adequately implemented 

for the nonattainment area in which the proposed source is to be 

constructed or modified. 

013 .01E The source has completed an analysis of alternative sites, 

sizes, production processes, and environmental control techniques for 

such proposed source which demonstrates that benefits of the 

proposed source significantly outweigh the environmental and social 

costs imposed as a result of its location, construction, or': 

modification. 
Title 129 

Chapter 17 

013 .02 The requirements of section 013 .O1A for emission reductions from 

existing sources in the vicinity of proposed new sources or modifications 

shall be determined on a case-by-case basis. The offset baseline shall be the 

actual emissions of the source from which offset credit is obtained. 

013 .03 The following shall apply to emission offsets: 

013 .03A If the, emissions limit under these regulations allows greater 

emissions than the potential to emit of the source, emissions offset 

credit will be allowed only for control below this potential; 

013 .0313 For an existing fuel combustion source, credit shall be 

based on the allowable emissions under the applicable State 

Implementation Plan for the type of fuel being burned at the time the 

application to construct is filed. If the existing source commits to 

switch to a cleaner fuel at some future date, emissions offset credit 

based on the allowable (or actual) emissions for the fuels involved is 

not acceptable, unless the permit is conditioned to require the use of a 

specified alternative control measure which would achieve the same 

degree of emissions reduction should the source switch back to a 

dirtier fuel at some later date. The Director will ensure that adequate 

long-term supplies of the new fuel are available before granting 

emissions offset credit for fuel switches . 

013.03C Emissions reductions achieved by shutting down an 

existing source or permanently curtailing production or operating 

hours below baseline levels may be credited, provided that the work 

force to be affected has been notified of the proposed shutdown or 

curtailment. Source shutdowns and curtailments in production or 

operating hours occurring prior to the date the new source application 

is filed generally may not be used for emissions offset credit . 

However, where an applicant can establish that it shut down or 

curtailed production less than one year prior to the date of permit 

application, and the proposed new source is a replacement for the 

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Title 129 

Chapter 17 

shutdown or curtailment, credit for such shutdown or curtailment may 

be applied to offset emissions from the new source; 

013 .03D No emissions credit may be allowed for replacing one 

hydrocarbon compound with another of lesser reactivity, except for 

those compounds listed in Table 1 of EPA's "Recommended Policy 

on Control of Volatile Organic Compounds" . (42 FR 35314, July 8, 

1977); 

013 .03E The procedures set out in 40 CFR Part 51, Appendix S, 

Section IV.D, relating to the permissible location of offsetting 

emissions, shall be followed, unless the Director determines that an 

equally stringent or more stringent procedure is appropriate. 

013 .03F Credit for an emissions reduction can be claimed to the 

extent that the Director has not relied on it in issuing any permit 

under regulations approved pursuant to 40 CFR Part 51 Subpart I or 

in demonstrating attainment or reasonable further progress . 

013 .03G Emission reductions otherwise required by this Title shall 

not be creditable as emissions reductions for purposes of any offset. 

013 .04 The provisions of 013 do not apply to a source or modification that 

would be a major stationary source or major modification only if fugitive 

emissions, to the extent quantifiable, are considered in calculating the 

potential to emit of the stationary source or modification and the source 

does not belong to any of the following categories: 

013 .04A Coal cleaning plants (with thermal dryers); 

013 .04B Kraft pulp mills; 

01 3 .04C Portland cement plants ; 

013.04D Primarily zinc smelters; 
Title 129 

Chapter 17 

013 .04E Iron and steel mills; 

013.04F Primary aluminum ore reduction plants ; 

013.04G Primary copper smelters ; 

013.04H Municipal incinerators capable of charging more 

than 250 tons of refuse ~er day; 

013.041 Hydrofluoric, sulfuric, or nitric acid plants ; 

013 .04J Petroleum refineries; 

013 .04K Lime plants ; 

013.04L Phosphate rock processing plants; 

013.04M Coke oven batteries; 

013.04N Sulfur recovery plants ; 

013.040 Carbon black plants (furnace process) ; 

013 .04P Primary lead smelters ; 

013~04Q Fuel conversion plants ; 

013 .04R Sinteiing plants ; 

013 .04S Secondary metal production plants ; 

013 .04T Chemical process plants ; 

013 .04U Fossil-fuel boilers (or combination thereof) totaling more 

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Title 129 

Chapter 17 

than 250 million British thermal units per hours heat input; 

013 .04V Petroleum storage and transfer units with a total 

storage capacity exceeding 300,000 barrels; 

013 .04W Taconite ore processing plants ; 

01 3.04X Glass fiber processing plants ; 

013 .04Y Charcoal production plants ; 

013 .04Z Fossil fuel-fired steam electric plants of more than 

250 million British thermal units per hour heat input; 

013 .04AA Any other stationary source category which 

-is being regulated by a standard promulgated under Section 111 or 

112 of the Act as of August 7, 1980. . 

013 .05 At such time that a particular source or modification becomes a 

major stationary source or major modification solely by virtue of a 

relaxation in any enforcement limitation which was established after August 

7, 1980, on the capacity of the source or modification otherwise to emit a 

pollutant, such as a restriction on hours of operation, then the requirements 

of this section shall apply to the source or modification as though 

construction had not yet commenced on the source or modification. 

_014 Modification of the Construction Permit. The purpose of this section is 

to provide a means to address unforeseen situations which may develop in the 

process of constructing or modifying an emission source subject to this chapter. 

014.01 Subject to the approval of the Director, the terms of a (onstruction 

permit may be modified without public review through the substitution of 

alternative provisions, provided the following conditions are met: 
Title 129 

Chapter 17 

014.01A No emission limit in the original construction permit is 

exceeded; 

014.0113 No applicable requirement included in an operating permit 

to which the source is subject is violated; 

014.01C No emissions limit, equipment or operational standard 

applicable to the, source will be exceeded: 

014.01D No emissions limit, equipment or operational standard 

assumed to avoid a classification that would render the source subject 

to an otherwise applicable requirement will be exceeded; and 

014.01 E The nature of the constructed facility will be consistent with 

that described in the original public notice materials. 

014.02 Modifications meeting the conditions of 014.01 above may be 

processed as follows: 

014.OZA The owner or operator shall submit an application for a 

construction permit as provided in 003 above and provide such 

additional information as may be required to determine if the 

conditions of 014.01 above have been met; 

014.02B The Department shall review the application and determine 

whether or not a construction permit is required . The applicant shall 

not proceed with the project until a determination is made by the 

Director . 

014.03 Modifications at a source subject to a construction permit which do 

not meet the conditions of 014.01 above must be processed thtough the full 

construction permit process as provided in 003 through 013 above. 

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Title 129 

Chapter 17 

01 5 Any source not required to obtain a construction permit pursuant to 001 may 

request a construction permit to be issued in the manner prescribed by 002 

through 013 for the following purposes: 

015 .01 Establishing enforceable limits to avoid otherwise applicable 

requirements under the provisions of Title 129. 

015 .02 Modifying existing construction permits to incorporate 

modifications that ca~ot~be processed under the provisions of 014. 

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

Legal Citation: Title 129, Ch. 17, Nebraska Department of Environmental 

Quality 

APPROVED 

APPROVED 

JON BRUNING 

SEP"02005 B . . . . . 

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DAti1EftEiK:;~ . .:J 

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DATE 

eral 

17-13 
APPROVED 

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~, SEP 2 0 2005 

.~C .~E ll°. 

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GC':`WR : 

NEBRASKA ADMINISTRATIVE CODE 

Title 129 - Department of Environmental Quality 

APPROVED 

JON BRUNING 

BTT . 

. . . __ _~ 

Assistant A rn ~~^era( 

. . .7l . . .!;~ PDATE . . . . . . . . . . . 

Chapter 28 - HAZARDOUS AIR POLLUTANT; EMISSIONS STANDARDS 

001 Notwithstanding any other provisions of these regulations, the following "National Emission Standards for Hazardous Air Pollutants", published at 40 CFR Part 63, effective July 1, 2003, unless otherwise indicated are hereby adopted and incorporated herein : 

001 .01 General Provisions, Subpart A 

001 .02 Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks, Subpart N, as revised at 69 FR 42885 on July 19, 2004. 

001 .03 Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations), Subpart R 

001 .04 Industrial Process Cooling Towers, Subpart Q 

001 .05 Halogenated Solvent Cleaning, Subpart T 

001 .06 Aerospace Industry (Surface Coating), Subpart GG 

001 .07 Secondary Lead Smelters, Subpart X 

001 .08 Wood Furniture Manufacturing (Surface Coating), Subpart ii 

001 .09 Perchloroethylene Dry Cleaning Facilities, Subpart M 

001 .10 Butyl Rubber Production, Subpart U 

001 .11 Epoxy Resins Production and Non-Nylon Polyamides Production, Subpart W 

FILED 

28-1 

~ E" P 2 0 ~'~J5 

/~ SECRETARY OF STATE 

61 G 
Title 129 

Chapter 28 

001 .12 Off-Site Waste and Recovery Operations, Subpart DD 

001 .13 Printing and Publishing Industry, Subpart KK 

001 .14 Tanks-Level 1, Subpart 00 

001 .15 Containers, Subpart PP 

001 .16 Surface Imlioundin-ents, Subpart QQ 

001 .17 Individual Drain Systems, Subpart RR 

001 .18 Oil-Water Separators and Organic-Water Separators, Subpart VV 

001 .19 Polyethylene Terephthalate and Styrene Polymer Production, 

Subpart JJJ 

001 .20 Organic Hazardous Air Pollutants from the Synthetic Organic 

Chemical Manufacturing Industry, Subpart F 

001 .21 Organic Hazardous Air Pollutants from the Synthetic Organic 

Chemical Manufacturing Industry for Process Vents, Storage Vessels, 

Transfer Operations and Wastewater, Subpart G 

001 .22 Organic Hazardous Air Pollutants for Equipment Leaks, Subpart H 

001 .23 Organic Hazardous Air Pollutants for Certain Processes Subject to 

the Negotiated Rulemaking for Equipment Leaks, Subpart I 

001 .24 Ethylene Oxide Emissions from Sterilization Facilities, Subpart O 

001 .25 Pulp and Paper Industry, Subpart S 

001 .26 Phosphoric Acid Manufacturing Plants, Subpart AA 

28-2 
Title 129 

Chapter 28 

001 .27 Phosphate Fertilizers Production Plants, Subpart BB 

01 .28 Petroleum Refineries, Subpart CC 

001 .29 Magnetic Tape Manufacturing, Subpart EE 

001 .30 Oil and Natural Gas Production Facilities, Subpart HH 

001 .31 Primary Aluminum Reduction Plants, Subpart LL 

001 .32 Closed Vent Systems/Control Devices, Subpart SS 

001 .33 Equipment Leaks Control Level 1, Subpart TT 

001 .34 Equipment Leaks Control Level 2, Subpart UU 

001 .35 Storage Tanks Control Level 2, Subpart WW 

001 .36 Generic MACT Standards, Subpart YY 

001 .37 Steel Pickling Plants (HCl Process and Hydrochloric Acid 

Regeneration Processes), Subpart CCC 

001 .38 Mineral Wool Production, Subpart DDD 

001 .39 Pharmaceutical Production, Subpart GGG 

001 .40 Natural Gas Transmission and Storage Facilities, Subpart HHH 

001 .41 Flexible Polyurethane Foam Production, Subpart 111 

; 

001 .42 Portland Cement Manufacturing, Subpart LLL_ 

001 .43 Pesticide Active Ingredient Production, Subpart MMM 
Title 129 

Chapter 28 

001 .44 Wool Fiberglass Manufacturing, Subpart NNN 

001 .45 Polyether Polyols Production, Subpart PPP 

001 .46 Primary Lead Smelting, Subpart TTT 

001 .47 Ferromanganese and Silicomanganese Production, Subpart XXX 

001 .48 Amino PherkicResins Production, Subpart 000 

001 .49 Secondary Aluminum Production, Subpart RRR, as revised at 69 

FR 53979, on September 3, 2004. 

001 .50 Publicly Owned Treatment Works, Subpart VVV 

001.51 Chemical Recovery Combustion Source at Kraft, Soda, Sulfite, and 

Stand-Alone Semichernical Pulp Mills, Subpart MM 

001 .52 Solvent Extraction for Vegetable Oil Production, Subpart GGGG, 

as revised at 69 FR 53338, on September 1, 2004. 

001 .53 Manufacturing of Nutritional Yeast, Subpart CCCC 

001 .54 Petroleum Refineries : Catalytic Cracking Units, Catalytic 

Reforming Units, and Sulfur Recovery Units, Subpart ULTU 

001 .55 Wet-Formed Fiberglass Mat Production, Subpart HHHH 

001 .56 Leather Finishing Operations, Subpart TTTT 

001 .57 Boat Manufacturing, Subpart VVVV . 

001 .58 Metal Coil Surface Coating, Subpart SSSS 

001 .59 Cellulose Products Manufacturing, Subpart UUUU 

28-4 
Title 129 

Chapter 28 

001 .60: Hazardous Waste Combustion, Subpart EEE. 

001 .61 : Tire Manufacturing, Subpart XXXX. 

001 .62: Large Appliance Surface Coating, Subpart NNNN. 

001 .63 : Paper and Other*eb C-oating, Subpart JJJJ . 

001 .64: Municipal Solid Waste Landfills, Subpart AAAA. 

001 .65 : Flexible Polyurethane Foam., Fabrication, Subpart MMMMM. 

001 .66: Refractory Products Manufacturing, Subpart SSSSS. 

001 .67: Hydrochloric Acid Production, Subpart 

001 .68 : Reinforced Plastics Composite Manufacturing, Subpart 

001 .69: Asphalt Processing and Asphalt Roofing Manufacturing, Subpart 

LLLLL. 

001 .70: Brick and Structural Clay Products, Subpart JJJJJ. 

001 .71 : Clay Ceramic Products, Subpart KKKK_K_. 

001 .72: Integrated Iron and Steel, Subpart FFFFF. 

001 .73 : Metal Furniture Surface Coating, Subpart RRRR. 

001 .74: Engine Test Cells and Stands, Subpart PPPPP. 

001 .75: Wood Building Products Surface Coating, Subpart QQQQ. 
Title 129 

Chapter 28 

001 .76 : Printing, Coating, and Dying of Fabrics and Other Textiles, Subpart 

0000. 

001 .77: Site Remediation, Subpart GGGGG, issued at 68 FR 58171, on October 

8, 2003 . 

001 .78 : Miscellaneous Organic Chemical Manufacturing, Subpart FFFF, issued 

at 68 FR 63852, on Noverhb&To-, 2003 . 

001 .79 : Surface Coating of Metal Cans, Subpart KKKK, issued at 68 FR 64432, 

on November 13, 2003 . 

001 .80: Miscellaneous Coating Manufacturing, Subpart HHHHH, issued at 68 

FR 69164, on December 11, 2003 . 

001 .81 : Miscellaneous Metal Parts Surface Coating, Subpart IVIMMM, issued at 

69 FR 130, on January 2, 2004. 

001 .82 : Lime Manufacturing, Subpart AAAAA, issued at 69 FR 394, on January 

5, 2004. 

001 .83: Organic Liquids Distribution (Non-gasoline), Subpart EEEE, issued at 69 

FR 503 8, on February 3, 2004. 

001 .84: Stationary Combustion Turbines, Subpart YYYY, issued at 69 FR 10512, 

on March 5, 2004. 

001 .85: Surface Coating of Plastic Parts and Products, Subpart PPPP, issued at 69 

FR 20968, on April 19, 2004. 

001 .86 : Iron and Steel Foundries, Subpart EEEEE, issued at 69 FR 21906, on 

April 22, 2004. 

28-6 
Title 129 

Chapter 28 

001 .87: Surface Coating of Automobiles and Light Duty Trucks, Subpart llll, 

issued at 69 FR 22602, on April 26, 2004. 

001 .88 : Reciprocating Internal Combustion Engines, Subpart ZZZZ, issued at 69 

FR 33474, on June 15, 2004. 

001 .89: Plywood and Composite Wood Products Surface Coating, Subpart 

DDDD, issued at 69 FR 45944, on July 30, 2004. 

. . . 

001 .90: Commercial, Industrial, and Institutional Boilers and Process Heaters, 

Subpart DDDDD, issued at 69 FR 55217, on September 13, 2004. 

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

Legal Citation: Title 129, Ch. 28, Nebraska Department of Environmental 

Quality 

APPROVED 

JON BRUNING 

APPROVED ATTO,90E~! ~N, 

, stP 2 o zaa5 g----, ,-- Assistant A 

AL 

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ev'~6eneral 

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DATE . . . . . 

28-7 
APPROVE:-_r APPROVED 

JON BRUNfNG 

SEP 2 0 20~~~ ATT L_ I L. 10 

Dr,_-V- ~ 

BY ~ . . . 

Assista t Att rn General 

DATE. . .7~c~.1 .:. . . . . . . . 

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Title 129 - Department of Environmental Quality 

Chapter 30 - OPEN FIRES 

001 No person shall cause or allow any open fires. 

002 Exceptions: 

002 .01 Fires set solely as part of a religious activityl for recreational purposes or for outdoor cooking of food for human consumption on non- commercial premises;"Provided~no nuisance or hazard is created. 

002.02 Fires set for the purpose of training public and industrial fire fighting personnel. 

002.03 Fires set in the operation of smokeless flare stacks for the 

20, 

combustion of waste gases, provided they meet the requirements of Chapter Particulate Emissions; Limitations and Standards. 

002.04 Fires set in an agricultural operation where no nuisance or traffic hazard is created. For the purpose of this regulation, "fires set in an agricultural operation" shall mean: 

002.04A The burning of any trees or vegetation indigenous to the property of the owner or person in lawful possession of the land; and 

002.0413 The burning of any agriculturally related material that is potentially hazardous and where disposal by burning is recommended by the manufacturer. Such materials must have been used on the owner's property or person in legal possession of the said property. 

refuse 

002.05 Unless prohibited by local ordinances, fires set to destrdy household on residential premises containing ten or less dwelling units, by individuals residing on the premises providing no nuisance or traffic hazard is created. 

30-1 
Title 129 

Chapter 30 

002.06 For the purpose of plant and wildlife and parks management, 

provided such burning is conducted by the Nebraska Game Commission, 

the United States Forest Service, the University of Nebraska, or other 

groups as determined by the Department. 

002 .07 Unless prohibited by local ordinances or regulations, fires set in 

compliance with a general open fire permit or a community open fire permit 

issued by the Departlri6lit: '-- ~ 

002.07A For the purpose of the destruction of dangerous materials, 

diseased vegetation or abatement of a fire hazard. 

v 

002 .0713 For the purpose of destruction of trees, brush and other 

vegetation removed from road and utility right-of-ways. 

002.07C For the purpose of the destruction of trees, brush, vegetation 

and untreated lumber generated as a result of land clearing, and 

construction activities. 

002.07D For the purpose of the destruction of straw used as a winter 

insulating cover on agricultural products. 

002.07E For the purpose of destroying untreated wood and trees at 

community land disposal sites. (Materials being burned must be in an 

area separate from materials not being burned). 

002.07F For the purpose of destruction of materials after cleanup 

from a natural disaster. 

002.08 Permits for open fires as specified in this regulation vhll be granted 

only if there is no other practical means of disposal . Any burning of 

materials not specified in the burning permit may result in withdrawal of the 

permit. 

30-2 
Title 129 

Chapter 30 

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

Legal Citation : Title 129, Ch. 30, Nebraska Department of Environmental 

Quality 

AV 

Assistant A orn 

DATE . . . .. . 

7 

APPROVED 

.ION BRUNINC 

General 

. 

. 

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30-3