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 newrules as submitted and (b) replace current rules in the SIP with amended rules as submitted. NDEQalso requests that the EPA amend the Nebraska Title V Programto include these changes. Enclosed are the documents required for detennination of plan completeness per 40CFR 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/AffirmativeAction Employer Printed with soy ink on recycled paper 6Enclosures:

Attachment 1: SIP Completeness Checklist Attachment II : Section-by-section explanation ofchanges 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 ofcertificate ofadoption bythe Environmental Quality

Council . Attachment V

: Copy of Neb. Rev. Stat. §81-1505.06which 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 fromGovernor showing date of

adoption ofchanges. Attachment VIII : Copy ofrevised 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 VIIAttachment I SIP COMPLETENESS CHECKLIST Circle YES or-NObehind 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 NObehind only the~numbers with an *. 1 . Submittal letter (Governor or designee) YES NO 2. Evidence ofadoption which contains: a. Actual copy of regulatory changes b. Date adopted c. Date effective d. Signatory requirements *e. Ifparallel 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

PSDincrements 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 NODave 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- NebraskaAir Quality Regulations, Concise Explanatory

Statement for June 2005 EQCHearing 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 ofvolatile 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 forreligious activities. RATIONALE: The United States Environmental Protection Agency (EPA) recently deleted five chemical compounds fromits definition of regulated volatile organic compounds. At the request ofmore that one Nebraska source, this change was incorporated into theNebraska 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 operationof 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 NDEQban on open fires to aNative American sweat lodge. The rules in Chapter 30have been amended to allow fires used for religious activities to be exempt fromthe ban. ANALYSIS OF IMPACT: Changing the definition ofvolatile organic compound allows certain Nebraska sources to use the exempted compounds, particularly t-butyl acetate, operate in a more environmentallybeneficial manner. T-butyl acetate can be used to

An Equal Opportunity/Affirmative Action Employer

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

air pollutants. The adoption offederal MACT standards allows NDEQto regulate and enforce compliance with these standards and allowsources subject to these standards to deal with NDEQon matters related to the standards, rather than having to deal with the federal EPAoffice 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 fromthe open burningban 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 ofvolatile 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 HFC227ea) ; methyl formate (HCOOCH3) ; and t-butyl acetate (known at tertiary butyl acetate orTBAC)
. The U .S. EPAfinal rule addingthese compounds to the list of those having negligible photochemical reactivity was effective December 29, 2004. The compounds in the list are exempt fromregulations 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 anet increase at the stationary source. Chapter 17, 001 .01A

: This section is being removed and replaced by a new section 015 which more clearlydelineates the uses of the construction permit process as avehicle 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 thanjust identifying themby symbols. Chapter 17, 001 .01 G

: Provides the relevant cross-reference to Chapter 27. Chapter 17, 001 .02: Broadens terminology to include other aspects ofapplicability besidesjust 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 129the 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 : Thewording 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 ChromiumEmissions fromHard 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 AluminumProduction, 40CFR 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 CFR63, 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 CFR63, 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, 40CFR 63, Subpart nRVIMM . Chapter 28, 001 .82: Adopts, by reference, the federal MACT standard for Lime Manufacturing, 40 CFR63, 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 CFR63, SubpartYYYY.Chapter 28, 001 .85: Adopts, by reference, the federal MACT standard for Surface

Coating of Plastic Parts and Products, 40CFR63, Subpart PPPP. Chapter 28, 001 .86

: Adopts, by reference, the federal MACT standard for Iron and Steel Foundries, 40 CFR63, Subpart EEEEE
. Chapter 28, 001 .87: Adopts, by reference, the federal MACT standard for Surface Coating ofAutomobiles and Light DutyTrucks, 40 CFR63, Subpart IIII . Chapter 28, 001 .88: Adopts, by reference, the federal MACT standard for Reciprocating Internal Combustion Engines, 40 CFR63, Subpart ZZZZ. Chapter 28, 001 .89

: Adopts, by reference, the federal MACT standard for Plywood and Composite Wood Products Surface Coating, 40 CFR63, 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 NDEQopen fire ban to include fires set solely for religious activities
. This change is intended to end confusion about the allowability offires used in sweat lodge ceremonies. Chapter 30, 002.07: Clarifies that types offires listed underthis 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 frommaterials at the site not being burned. Chapter 30, 002.08: Alters the wording to state that violation ofa burn permit mayresult in withdrawal of the permit
. The existing wording stating that aviolation " will result in immediatewithdrawal of the permit" is inconsistent with normal enforcement 

### procedures, which allow for case-by-case discretion.NEBRASKAADMINISTRATIVE 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 ofa pollutant froman emissions unit as determined below : 002.01 In general, actual emissions as ofa particular date shall equal the average rate, in tons per year, at which the unit actually emitted thepollutant during the preceding year and which is representative of normal source ° operation. The Director shall allowthe 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. 002.02The 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 ofperformance is specifically applicable.
Proposed revisions for June 2005 on pages 1-26, 1-27. 1-1Title 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 thejudgment of the Director may be affected by emissions froma facility seeking a Class I permit, modification, or renewal ; or 006.02 Are a contiguous State within 50miles 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 fromor 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 thereofin 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 ofNeb. 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 ofair pollution;
1-2 Proposed revisions for June 2005 on pages 1-26, 1-27.Title 129

Chapter 1 011 .03 Acity, 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 ofair 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 ofair pollution. 012 "Air Quality Control Region" means aregion designated by the Governor, with the approval ofthe 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 ofa new or revised National Ambient Air Quality Standard, The Governor must designate each region as nonattainment, attainment, or unclassifiable. TheAdministrator 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 M40CFRParts 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. 1-3Title 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 EPAOffice ofAir Quality Planning and Standards . It contains emission factors and process information for more than 200air 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 CFRpart 52; 016.02 Any termor 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 112of 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 ofthe acid rain program under Chapter 26; 016 .06 Any requirements established under Chapter 31 or pursuant to any pen-nit or order issued bythe Director under this Title; 016 .07 Any standard or other requirement governing solid waste incineration under Chapter 18or pursuant to Section 129(e) of the Act and regulations adopted by the Council ; 1-4 Proposed revisions forJune 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 bythe 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 Anynational 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 CleanAir 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. 1-5Title 129

Chapter 1 018 "Begin actual construction" means in general, initiation of physical on-site construction activities on an emissions unit which are ofapermanent nature. Such activities include, but are not limited to, installation ofbuilding supports and foundations, laying of underground pipework, and construction of permanent storage structures . With respect to a change in method of operating this termrefers 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 ofa 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 ofpermits 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 forJune 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 programof construction of the source to be completed within a reasonable time. _026 "Construction" means anyphysical 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 ofcontaminants 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 ofan affected source and of all affected units at the source, as evidenced by a certificate ofrepresentation submitted in accordance with Subpart Bof 40 CFRpart 72, to represent and legallybind each owner and operator, as a matter offederal law, in matters pertaining to the Acid Rain Program . Proposed revisions forJune 2005 on pages 1-26, 1-27. 1-7Title 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 froman 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 ofa permit for which the permitting authority offers public participation and, in the case ofa Class I draft operating pen-nit, affected State review . 036 "Elevated terrain" means terrain, whichmay affect the calculation of good engineering practice stack height . 037 "Emission data" means chemical analysis ofprocess fuel and the manufacturing or production process, as well as operational procedures and actual nature and amounts ofemissions. 038 "Emission limitation" and "Emission standard" mean arequirement established pursuant to this Title, the State Act, or the Administrator which limits the quantity, rate, or concentration of emissions ofair pollutants on a continuous basis, including any requirements which limit the level ofopacity, 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 termor 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 Proposed revisions for June 2005 on pages 1-26, 1-27
.Title 129 Chapter 1 _040 "Emissions unit" means anypart or activity ofa stationary source, which emits or would have the potential to emit any regulated air pollutant or anypollutant listed in Appendix 11. This termis 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 reviewprocedures 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 fromany 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. 1-9Title 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 thejudgment of the Director may cause, or contribute to, an increase in mortality or an increase in serious irreversible, or incapacitatingreversible, illness. _051 "Incinerator" means any furnace used in theprocess of burning solid waste, except for a furnace owned and operated by law enforcement agencies solely to dispose ofammunition, fireworks or similar flammable or explosive materials. 052 "Insignificant activities" refers to activities and emissions that may be excluded fromreporting for operating permit applications and/or emissions inventories. Emissions exempted fromreporting requirements must still be included in the detennination ofwhether 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 airpollution 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 .
1-10 Proposed revisions for June 2005 on pages 1-26, 1-27.Title 129

Chapter 1 _057 "Lowest Achievable Emission Rate (LAER)" means, for any source, the more stringent emission rate fromeither: 057.01 The most stringent emission limitation contained in the implementation plan of any state for such class or category ofsources (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 termpermit a proposed inewor 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 ofoperation 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 Aphysical change or change in the method ofoperation 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 ; Proposed revisions for June 2005 on pages 1-26, 1-27 . 1-11Title 129

Chapter 1 058.02C Use of an alternative fuel by reason ofan 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 frommunicipal solid waste; 058.02E Use ofan 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 beprohibited 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 CFRPart 51, Subpart I or 40 CFR 51 .166; or 058.02E2 The source is approved to use under anypen-nit issued under regulations approved pursuant to 40 CFR 51 .165. 058.02F An increase in the hours ofoperation 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 CFRPart 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 ofreduction in hazardous air pollutant emissions that is deemed

1-12 Proposed revisions for June 2005 on pages 1-26, 1-27.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 ofreduction in hazardous air pollutant emissions that the Director, taking into consideration the cost ofachieving 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 ofemissions froma stationary source as defined in 40 CFR 60, Appendix A-4 . _062 "Method 22" refers to a visual determination offugitive emissions from material sources and smoke emissions fromflares as defined in 40 CFR60, 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 motorvehicle is a self-propelled vehicle designed for transporting persons or property on a street or highway. Anonroad vehicle is a vehicle powered by a nonroad engine. Anonroad engine is an internal combustion engine that is not used in a motor vehicle or avehicle used solely for competition, or that is not subject to standards promulgated under section 111 or section 202 of the Act. . 065 "Modification" means anyphysical change in, or change in method of operation of, an affected facility which increases the amount ofany air pollutant, except that: 065.01 Routinemaintenance, repair, and replacement (except as defined as reconstruction) shall not be considered physical changes; and Proposed revisions for June 2005 on pages 1-26, 1-27. 1-13Title 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 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 fioma particular physical change or change in the method ofoperation 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 fromthe particular change only ifit occurs before the date that the increase fromthe 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 oneyear, 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 .

1-14 Proposed revisions forJune 2005 on pages 1-26, 1-27 .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 Adecrease 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 theparticular change begins; 068.04C The Director has not relied on it in issuing anypermit under regulations approved pursuant to 40 CFRPart 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 fiomthe particular change. 068.05 An increase that results froma 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 ofwhich is commenced after the publication of regulations by the State ofNebraska 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. Proposed revisions for June 2005 on pages 1-26, 1-27 . 1-15Title 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 theburning of anymatter in such a manner that the products ofcombustion resulting fromsuch 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 10micrometers 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 100micrometers. 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 alternativemethod, 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 . 1-16 Proposed revisions forJune 2005 on pages 1-26, 1-27.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 ofemissions 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 ofoperation 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 ofa stationary source. This termdoes not alter or affect the use ofthis termfor 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 . Proposed revisions for June 2005 on pages 1-26, 1-27. 1-17Title 129

Chapter 1 088 "Process weight" means the total weight ofall 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 airwill not. 089 "Process weight rate" means for continuous or long-run steady-state source operations, the total process weight for the entire period ofcontinuous 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 ofcycles, divided by the number ofhours ofactual process operation during such a period. Where the nature of anyprocess 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 mayreasonably be required by the Director for the purpose ofensuring 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 of40 CFR 60.15(f)(1)- (3) . Areconstructed 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 40CFR60.15(f)(4) shall be taken into account in assessing whether a standard of performance under 40 CFRPart 60 is applicable to such source. 093 "Region" means: 093.01 An air quality control region designated by the Administrator ; or 1-18 Proposed revisions for June 2005 on pages 1-26, 1-27.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 anyvolatile organic compounds as defined in this Chapter; 095.02 Anypollutant for which a national ambient air quality standard has been promulgated; 095.03 Anypollutant that is subject to any standard in Chapter 18; and 095.04 Anypollutant 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 ied in the previous section, except for the following: 1 'dent'f 096 .01 Carbon monoxide; 096.02 Particulate matter, excluding PM,o; Proposed revisions for June 2005 on pages 1-26, 1-27. 1-19Title 129

Chapter 1 096 .03 Any pollutant that is a regulated airpollutant 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) ofthe 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 whoperforms similar policy or decision-making functions for the corporation, or a duly authorized representative ofsuch 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 250persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars) ; or 098.0113 The delegation ofauthority 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 ofa Federal agency includes the chief executive officer having responsibility for the overall operations of a 1-20 Proposed revisions for June 2005 on pages 1-26, 1-27.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 Vprogram

. 099 "Rule or regulation" means anyrule or regulation of the Council . 100 "Secondary emissions" means emissions which would occur as a result of the construction or operation ofa major stationary source or major modification, but do not come fromthe 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 fromthe new or modified stationary source; and 100 .02 Emissions fromany offsite support facilitywhich 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 Proposed revisions for June 2005 on pages 1-26, 1-27. 1-21Title 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: 100tons per year (tpy) Nitrogen oxides : 40 tpy Sulfur dioxide: 40tpy Particulate matter : 25 tpy PM,o: 15 tpy Ozone: 40 tpy ofvolatile 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 .5x10-6tons per year) 1-22 Proposed revisions for June 2005 on pages 1-26, 1-27.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 nomnethane organic compounds) : 45 megagrams per year (50 tons per year) 104 "Solid waste" means any garbage, refuse, or sludge froma 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 fromindustrial, commercial or mining operations, or fromcommunity 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 ofair source categories which best accounts for the composition ofa pollutant sample. 107 "Stack" means anypoint 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 programofphysical 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 programofconstruction of the stack to be completed in a reasonable time. Proposed revisions for June 2005 on pages 1-26, 1-27 . 1-23Title 129 Chapter 1 109 "Stack height" means the distance fromthe ground level elevation of a stack to the elevation of the stack outlet. 110 "Standard of performance" means a standard for emission ofair pollutants which reflects the degree of emission limitation achievable through the application of the best systemofemission 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 ofan 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 anybuilding, 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 programapproved by the Administrator for purposes ofTitle V of the Act . _118 "Total reduced sulfur" means total sulfur fromthe following compounds: hydrogen sulfide, methyl mercaptan, dimethyl sulfide, and dimethyl disulfide.
1-24 Proposed revisions for June 2005 on pages 1-26, 1-27.Title 129

Chapter 1 119 "Total Suspended Particulates" means particulate matter as measured by the method described in Appendix Bof 40 CFRPart 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 systemdivides the world into 60 zones, each being six degrees longitude wide and extending from80 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 ammoniumcarbonate, which participates in atmospheric photochemical reactions. VOCincludes 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 forJune 2005 on pages 1-26, 1-27. 1-25Title 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 44 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 22 3 3-hgptafluoro-3-methoxy-propane (n-C3F_7OCH 3) (known as HFE7000) ; 1 1 1 2 3 3 3-heptafluoropropane (known as HFC227ea) ; 1 1 1 2 3 3 3-heptafluoropropane known as HFC227ea) ; 1,1,1,2,3,3-hexafluoropropane (HFC-2366a) ; 1,1,1,3,3,3-hexafluoropropane (HFC-236fa) ; Methane; Methyl acetate;
1-26 Proposed revisions for June 2005 on pages 1-26, 1-27.Title 129

Chapter 1 methyl fornnate (HCOOCH 3h 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 acet ate (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. 1-27Title 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 Proposed revisions for June 2005 on pages 1-26, 1-27 .NEBRASKA ADMINISTRATIVE CODE Title 129 - Department of Environmental Quality Chapter 17 - CONSTRUCTION PERMITS - WHENREQUIRED 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 fromthe Department in the manner prescribed bythis 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 .O1DCForty (40) tons/year ofoxides ofnitrogen (calculated as N02)
. 001 .O1ED Forty (40) tons/year ofvolatile organic compounds (VOC)
. 001 .O1FE Fifty (50) tons/year of carbon monoxide. OOl .O1GF Six-tenths (0.6) tons/year oflead. Proposed revisions for June 2005 on pages 17-1, 17-2, 17-4, 17-5, 17-6, and 17-13. 17-1Title 129 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 .02When determining ~plicability under 001 .01 above, sources in the following source categories must include fugitive emissions: 0 01 .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 aluminumore reduction plants; 001 .02G Primary copper smelters; 001 .02H Municipal incinerators capable ofcharging more than 250tons of refuse per day ; 001 .021 Hydrofluoric, sulfuric, or nitric acid plants; 001 .02J Petroleumrefineries; 001 .02K Lime plants;
17-2 Proposed revisions for June 2005 on pages 17-1, 17-2, 17-4, 17-5, 17-6, &17-13.Title 129 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 250million British thermal units per hours heat input; 001 .02V Petroleumstorage 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 steamelectric plants of more than 250million British thermal units per hour heat input; 001 .02AA Any other stationary source categorywhich is being Proposed revisions for June 2005 on pages 17-1, 17-2, 17-4, 17-5, 17-6, &17-13. 17-3Title 129 Chapter 17 regulated by a standard promulgated under Section 111 or 112 of the

Act as ofAugust 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 Anon-refundable feebased 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 peryear 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 ofHAPs $250 50tons or more but less than 100 tons per year of any regulated air pollutant ; or 2. 5 tons or more but less than 10tons 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 100tons 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 whohas submitted incorrect information in a permit application shall, upon becoming aware ofsuch 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 ofan existing control strategy. 008 If an air quality impact analysis is deemed necessary by the Director as a part ofa construction permit application, concentrations of pollutants that maybe expected to occur in the vicinity ofa source or combination of sources will be determined by use ofan 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 ofApplication for Permits. Proposed revisions for June 2005 on pages 17-1, 17-2, 17-4, 17-5, 17-6, &17-13. 17-5Title 129

Chapter 17 009.01 If it is determined bythe Director that emissions resulting fromthe operation ofa 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 Aconstruction permit will not be issued for any major source or major modification when such source or modification would cause or contribute to a violation ofa 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 O10 Issuance ofpermits. 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 fromhis 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 ofSources 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 apollutant 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 fromthe same source or existing sources in the same nonattainment area, fromnew sources which are not major emitting facilities, and fromexisting 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 furtherprogress 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. 17-7Title 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 ofalternative 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 ofsection 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 ofthe 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 offuel beingburned 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 ofa specified alternative control measure which would achieve the same degree ofemissions 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-termsupplies of the new fuel are availablebefore 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 ofthe proposed shutdown or curtailment. Source shutdowns and curtailments in production or operating hours occurringprior 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 ofpermit 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 fromthe 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 ofVolatile Organic Compounds" . (42 FR 35314, July 8, 1977) ; 013.03E The procedures set out in 40CFRPart 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 CFRPart 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. 17-9Title 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 iffugitive 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 aluminumore reduction plants; 013.04G Primary copper smelters; 013.04H Municipal incinerators capable ofcharging more than 250 tons of refuse per day ; 013.041 Hydrofluoric, sulfuric, or nitric acid plants; 013.04J Petroleumrefineries; 013.04K Lime plants; 013.04L Phosphate rock processing plants; 013.04MCoke oven batteries; 013.04N Sulfur recovery plants; 17-10 Proposed revisions forJune 2005 on pages 17-1, 17-2, 17-4, 17-5, 17-6, &17-13.Title 129 Chapter 17 0

13.040 Carbon black plants (furnace process) ; 013.04P Primary lead smelters; 013.04 Fuel conversion plants ; 013.04R Sinteringplants ; 013.04S Secondarymetal production plants; 013.04T Chemical process plants; 013.04U Fossil-fuel boilers (or combination thereof) totaling more than 250million British thermal units perhours heat input; 013.04V Petroleumstorage and transfer units with a total storage capacity exceeding 300,000barrels; 013.04WTaconite 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 categorywhich -is being regulated by a standard promulgated-under Section 111 or 112 of the Act as ofAugust 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. 17-11Title 129

Chapter 17 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on hours ofoperation, then the requirements ofthis 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 ofconstructing or modifying an emission source subject to this chapter. 014.01 Subject to the approval of the Director, the terms of a construction permit maybe modified without public review through the substitution of alternativeprovisions, 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 facilitywill be consistent with that described in the original public notice materials. 014.02 Modifications meeting the conditions of 014.01 above maybe 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 reviewthe 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 ofTitle 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. 17-13Title 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 ofa religious activity, for recreational purposes or for outdoor cooking offood 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 ofwaste 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. Forthe 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 ofany 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 ofthe destruction ofdangerous materials, diseased vegetation or abatement ofa fire hazard. 002.07B For thepurpose ofdestruction of trees, brush and other vegetation removed fromroad and utility right-of-ways. 002.07C For thepurpose ofthe destruction oftrees, brush, vegetation and untreated lumber generated as a result of land clearing, and construction activities. 002.07D For the purpose of the destruction ofstraw used as a winter insulating cover on agricultural products . 002.07E For thepurpose ofdestroying untreated wood and trees at community land disposal sites (Materials being burned must be in an area separate frommaterials not beingburned)~ 002.07F For the purpose ofdestruction of materials after cleanup froma natural disaster. 002.08 Permits for open fires as specified in this regulation will be granted only if there is no other practical means ofdisposal . Any burning of 30-2 Proposed revisions for June 2005 on pages 30-1, 30-2, and 30-3.Title 129

Chapter 30 e materials not specified in the burning permit wiI1 may result in immediat withdrawal of the permit . Enabling Legislation: Neb . Rev. Stat. §§81-1504(1)(2) ; 81-1505(12) Legal Citation: Title 129, Ch. 30, Nebraska Department ofEnvironmental Quality

Proposed revisions for June 2005 on pages 30-1, 30-2, and 30-3. 30-3NOTICE 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 NSt Lincol

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

68509 . he fiscal 00 im act on state agenc ies, gIted o or the propo persons, sasreis ula availa f ble at_ each ofthese 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 entered d 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 Products issued at 69 FR 20968on A

pril 19, 2004; Iron and Steel Foundries issued at 69 FR 21906 on April 22 2004 ; Surface Coatm g 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 p

rovide 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 working 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,ate, 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

### nEaRaLuv+RCo MYCOMMISSIONEXPIRES SeptecN~er 13, 2007

313-G8-007 

## MAY a 2o05
Recl p rocatin g Internal Combustion Engines issued at 69 FR 33474 on June IS 2004 ; Pl yw

ood 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 Anodizn g 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 EOCw amend or, i proposal a d an excep ion

ire banfor 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 v lents under the Clean NJater State Revolving Fund (CWSRF) and the Drinkin g 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 Regulatio f~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 Systemand 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 adop

t, amend or .modify fhe IUP

. , Please notify the Hearing officer at least one week n advance of the EpC meeting if auxiliary aids or reasonable accommodations or alternate formatsof materials are needed. contact phone number Is 402-471-2186. TOOusers call_ 800-833-7352 and askthe relay operator tocall us at ~402-471-2186

.NEBRASKAADMINISTRATIVE 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 ofTitle 129- NebraskaAir Quality Regulations
. The amendments were the subject ofa hearingbefore the Environmental Quality Council on June 2, 2005, after notification in a newspaperhaving 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 ofJune, 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 5/25/2005Section 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 5/25/2005Dave 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 forreview

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. TheAttorney 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 ofthis memorandum is to provide an explanation of amendments to Title 129 that were adoptedby the Environmental Quality Council (EQC) on June 2, 2005. The amendments (a) revise the definition ofvolatile 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 forreligious activities. B . RATIONALE FORADOPTION : The United States Environmental Protection Agency (EPA) recently deleted five chemical compounds fromits definition of regulated volatile organic compounds
. At the request ofmore that one Nebraska source, this change was incorporated into theNebraska definition. In 2004, theNebraska 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 ofthe 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 NDEQban on open fires to aNative

An Equal Opportunity/Affirmative Action Employer

Printed with soy ink on recycled paper 6American sweat lodge. Therules in Chapter 30have been amended to allow fires used for religious activities to be exempt fromthe ban. C . GENERAL IMPACT: Changing the definition ofvolatile 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 airpollutants
. The adoption offederal MACT standards allows NDEQto regulate and enforce compliance with these standards and allow sources subject to these standards to deal with NDEQon matters related to the standards, rather than having to deal with the federal EPAoffice in Kansas City. Incorporating the statutory construction application fees into Title 129allows sources to see all permitting requirements in oneplace, rather than having to look both in the rules and in the statute. The exemption fromthe open burning ban for religious activities will lessen confusion in enforcement ofthe ban. D . SUMMARYOF PUBLIC HEARING : Air Quality Division ProgramSpecialist 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 TOADDRESS 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 EQCare already federal rule. While it is officially EPA's responsibility to enforce these standards until the state adopts them, the Department, as apractical matter, performs the action and incurs the cost necessary to assure compliance, regardless ofwhether the state has adopted the standards. Therefore, no significant impact occurs when the state adopts the standard. Sources may incur significant costs in complyingwith 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 EPAor the state has enforcement responsibility, no further fiscal impact occurs when the state incorporates fees or adopts the standards into regulation. G . FTE IMPACT: Theproposed revisions will have no impact on the number offull-time equivalent positions inthe Department . H . UNFUNDED MANDATE: The proposed changes do not include any unfunded mandates onmunicipalities
. 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, ifyou have anyquestions or concerns.

Checklist : (To be completed by Governor's Policy Research Office)

30 day notice of hearing/waiver Affidavit ofPublication Copy of Notice to Secretary of State and Executive Board ofLegislative Council Agency Director's Certificate ofAdoption Four Copies ofProposal and One Working Copy Attorney General Stamp ofApproval on First and Last Pages Concise Explanatory Statement (including any description ofchanges) Final Fiscal Impact Statement (including any description ofchanges) Negotiated Rulemaking Notice, if applicable Regulations on diskette (orfiled electronically) Memorandumto the Govemor with Checklist and InformationDave Heineman Governor P .O . Box 94601 " Lincoln, Nebraska 68509-4601 Phone: (402) 471P15~ UQ2,~ 471_2528



# 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 paperAIRQUALITY 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 - EPAReview ; Affected States Review ; Class 11 Permit ; 13-1 14 Permits - Public Participation 14-1CHAPTER TITLE PAGE

15 Operating Permit Modifications; Reopening for Cause 15-1 16 Stack Heights; Good EngineeringPractice (GEP) 16-1 17 Construction Permits - When Required 17-1 18 New

Source Performance Standards 18-1 19 Prevention ofSignificant Deterioration ofAir Quality 19-1 20 Particulate Emissions; Limitations and Standards

(Exceptions due to Breakdowns or Scheduled Maintenance: See Chapter 34 20-1 21 Controls forTransferring, 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 AirPollutants; Maximum Achievable ' Control Technology (MACT) 27-1 28 Hazardous Air Pollutants; Emissions Standards 28-1 29 Operating Permit Emission Fees 29-1CHAPTER 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 MotorVehicles 39-1 40 General Conformity 40-1 41 General Provisions 41-1 42 Permits by Rule 42-1 Appendix I Appendix II Appendix IIIAIRQUALITY REGULATIONS STATE OF NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY SUBJECT ORTITLE 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) ExceptedSUBJECT OR TITLE ENABLING LEGISLATION CODE SECTION

Controls forTransferring, 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) EPAReview

; 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 AirPollutants; 81-1504 (1)(2) Ch. 23 Emission Standards 81-1505 (1)(12)SUBJECT ORTITLE ENABLING LEGISLATION CODE SECTION

Hazardous Air Pollutants; 81-1504 (1)(2) Ch. 28 Emission Standards 81-1505 (1)(12) Hazardous AirPollutants; 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. 30 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 ORTITLE 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 ofAir 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 EngineeringPractice (GEP) 81-1505 (12) . . J

Sulfur Compound Emissions 81-1504 (1)(2) Ch. 24 Existing Sources Emission 81-1505 (1)(2) " StandardsSUBJECT ORTITLE ENABLING LEGISLATION CODE SECTION Temporary Sources; 81-1504 (1)(2) Ch. 10 Operating Permits for 81-1505 (12)(16) Visible Emissions fromDiesel- 60-2203 Ch. 39 Powered Motor Vehicles

# APPROVED St P u 0 2005

DAVE- DF NEBRASKAADMINISTRATNE 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 clearlyrequired 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 ofemissions ofa pollutant froman emissions unit as determined below : 002.01 In general, actual emissions as ofaparticular date shall equal the average rate, in tons per year, at which theunit actually emitted the pollutant during the preceding year and which is representative ofnormal source operation
. The Director shall allowthe use ofa 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 operatinghours, production rates, existing control equipment, and types ofmaterials 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 Agencyor his or her designee. 004 "Affected facility" means, with reference to a stationary source, any apparatus to which a standard ofperformance is specifically applicable
. - 

## FILED Sv- F 2 0 2005 ~ I 1-1

Sti,RETARY OFSTATETitle 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 thejudgment of the Director maybe affected by emissions froma 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 aunit 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 thepresence in the outdoor atmosphere ofany dust, fumes, mist, smoke, vapor, gas, or other gaseous fluid, or particulate substance differing in composition fromor exceeding in concentration the natural components of the atmosphere. 010 "Air pollutant" or "air pollution" means the presence in the outdoor atmosphere ofone or more air contaminants or combinations thereofin such quantities and ofsuch duration as are or may tend to be injurious to human, plant or animal life. 011 "Air pollution control agency" means anyofthe following: 011 .01 The Department designated by statute as the official state air pollution control agency for purposes ofNeb. Rev . Stat. Sections 81-1501 to 81-1532; 011 .02 An agency established by twoor more states and having substantial powers or duties pertaining to the prevention and control ofair pollution; 1-2Title 129

Chapter 1 011 .03 Acity, 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 ofair pollution, such other agency; or 011 .04 An agency oftwoor more municipalities located in the same state or in different states andhaving substantial powers or duties pertaining to the prevention and control ofair pollution. 012 "Air Quality Control Region" means a region designated by the Governor, with the approval of the Administrator, for the purpose ofassuring that national primary and secondary ambient air quality standards will be achieved and maintained. Within one year afterthe promulgation ofa new or revised National AmbientAir Quality Standard, The Governor must designate each region as nonattainment, attainment, or unclassifiable. TheAdministrator must approve the designations. _013 "Allowable emissions" means the emissions rate ofa 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 CFRParts 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 thosewith a future compliance date.
1-3Title 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 EPAOffice ofAir Quality Planning and Standards. It contains emission factors and process information for more than 200air pollution source categories. 016 "Applicable requirem6i't"-means all of the following as they applyto 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 CFRpart 52; 016 .02 Any termor condition ofany preconstruction permits; 016 .03 Anystandard or other requirement under Chapter 18 relating to standards of performance for new stationary sources; 016 .04 Any standard or otherrequirement established pursuant to Section 112of the Act and regulations adoptedby the Council in Chapters 23, 27 and 28relating to hazardous air pollutants listed in Appendix II ; 016 .05 Any standard or otherrequirement of the acid rain program under Chapter 26

; 016 .06 Anyrequirements established under Chapter 31 or putsuant to any permit or order issued by the Director under this Title; 016 .07 Any standard or otherrequirement governing solid waste incineration under Chapter 18 or pursuant to Section 129(e) ofthe Act and regulations adopted bythe Council ; 1-4Title 129 Chapter 1 016 .08 Any standard or other requirement for consumer and commercial products established under Section 183(e) of theAct 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 ofthe 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 Ipermits under Chapter 5, 001 .01C , any stationary source ofhazardous 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 bythe Council . 017 .02 For all otherpurposes, any small residential, governmental, institutional, commercial, or industrial fuel combustion operation; on-site waste disposal facility, vessels, orother transportation facilities; or other miscellaneous sources, as identified through inventory techniqiues approved bythe Director. 017.0_3 Area source shall not include motor vehicles or nonroad vehicles. 1-5Title 129

Chapter 1 _018 "Begin actual construction" means in general, initiation ofphysical on-site construction activities on an emissions unit which are ofa permanent nature. Such activities include, but are not limited to, installation ofbuilding supports and foundations, laying of underground pipework, and construction ofpermanent storage structures. With respect to a change in method ofoperating this termrefers 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 ofreduction ofa 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 operatingpermit" means any permit or group ofpermits 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 operatingpermit" means any permit or group ofpermits covering a Class 11 source that is issued, renewed, amended, or revised pursuarlt to this Title. 024 "Class II source" means anysource subject to the Class II permitting requirements of Chapter 5 .
1-6Title 129 Chapter 1 _025 "Commence" as applied to construction, reconstruction, or modification ofa 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 programof 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 withoutsubstantial loss to the owner or operator, to undertake a program ofconstruction ofthe 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 ofan emissions unit) whichwould 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 bytheUnited States Department of Labor at the close ofthetwelve-month period ending on August 31 ofeach year. _028 "Control" and "controlling" means prohibition ofcontaminants as related to air pollution. 029 "Control strategy" means a planto attain National Ambient Air Quality Standards or to prevent exceeding those standards. 030 "Council" means theEnvironmental Quality Council . 031 "Department" means the Department of Environmental Quality. 032 "Designated representative" means a responsible natural person, authorized by the owners and operators ofan affected source and ofall affected units at the source, as evidenced by a certificate ofrepresentation submitted in accordance with Subpart Bof 40CFRpart 72, to represent and legally bind each owner and operator, as amatter offederal law, in matters pertaining to the Acid Rain Program . 1-7Title 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 froman indicator range orwork practice for monitoring, consistent with any averaging period specified for averaging the results of the monitoring. 034 "Director" means theDiYector of theDepartment of Environmental Quality or his or her designee. 035 "Draft permit" means the version ofa permit for which the permitting authority offers public participation and, in the case ofa Class I draft operating permit, affected State review . _036 "Elevated terrain" means terrain, whichmay 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 ofemissions. _038 "Emission limitation" and "Emission standard" mean arequirement established pursuant to this Title, the State Act, or the Administrator which limits the quantity, rate, or concentration ofemissions ofairpollutants on a continuous basis, including anyrequirements which limit the level ofopacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures for a source to assure continuous emission reduction. 039 "Emissions allowable underthe permit" means a federally enfo'rceable permit termor 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 assumedto avoid an applicable requirement to which the source would otherwise be subject. 1-8Title 129

Chapter 1 _040 "Emissions unit" means anypart or activity ofa stationary source, which emits or would have the potential to emit any regulated air pollutant or any pollutant listed in Appendix 11. This termis 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 combinationthereof. 042 "Existing source" means equipment, machines, devices, articles, contrivances, or installations which are in being on the effective date ofthese 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 ofa permit issued by the Department that has completed all reviewprocedures-required by Chapter 14, and for a Class Ipermit, 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 ofburning fuel . 047 "Fugitive dust" means solid airborne particulate matter emitted fromany 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 operatingpermit that meets the requirements of Chapter 9 . 

### 1-9Title 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 thejudgment 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 maybe excluded from

reporting for operating permit applications and/or emissions inventories. Emissions exempted fromreporting requirements must still be included in the determination ofwhether 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 oftwoor more political subdivisions located in different states. 055 "Local agency" means anyairpollution control agency in this state, other than a state agency, which is charged with responsibility for carrying out,`part ofa plan. 056 "Low

emitter" refers to a facility that has a potential to emit anyregulated pollutant above the major source threshold (Class I operating permit level), but has actual emissions below the levels requiring a Class II operating permit . 1-10Title 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 ofany state for such class or category ofsources (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 ofsource and adopted bythe Council . These limitations, when applied to a modification, means the lowest achievable emissions rate forthe new or modified emissions units within the stationary source. In no event shall the application ofthis termpermit a proposed new

or modified stationary source to emit anypollutant in excess of the amount allowable under an applicable new source standard of performance. 058 "Major modification" means anyphysical change in or change in the method ofoperation ofa major stationary source that would result in a significant net emissions increase of anypollutant subject to regulation under the Act. 058.01 Anynet emissions increase that is considered significant forvolatile organic compounds shall be considered significant for ozone . 058 .02 Aphysical change or change in the method ofoperation shall not include: 058-02A Routine maintenance, repair and replacement; 058 .0213 Use ofan alternative fuel or raw material by reason of an orderunder sections 2(a) and (b) ofthe Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailmentplan pursuant to the Federal Energy Regulatory Act; 1-11Title 129

Chapter 1 058.02C Use ofan alternative fuel by reason ofan order or rule under

section 125 of the Act; 058.02D Use ofan alternative fuel at a steam-generating unit to the extent that the fuel is generated frommunicipal solid waste; 058.02E Use ofan 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, whichwas established after December 21, 1976, pursuant to 40 CFR 52.21 or underregulations approved pursuant to 40 CFRPart 51, Subpart I or 40 CFR51 .166; or 058.02E2 The source is approved to use under any permit issued underregulations approved pursuant to 40 CFR51 .165. 058.02F An increase in the hours ofoperation or in the production rate, unless such change is prohibited under any federally enforceable permit condition, whichwas established after December 21, 1976, pursuant to 40 CFR52.21 or regulations approved pursuant to 40 CFRPart 51, Subpart I ; or 058.OZG Any change in ownershipat a stationary source. 059 "Major stationary source" or "majorsource" 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 1-12Title 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 ofreduction in hazardous airpollutant emissions that the Director, taking into consideration the cost ofachieving such emission reductions, and anynon-air qualityhealth and environmental impacts and energy requirements, determines is achievable by sources in the categoryor subcategory, which3sho~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) ofthe Act. 061 "Method 9" refers to a visual determination of the opacity ofemissions froma stationary source as defined in 40 CFR60, Appendix A-4 . 062"Method 22" refers to a visual determination offugitiveemissions from material sources and smoke emissions from flares as defined in 40CFR60, 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 motorvehicle, nonroad engine, or nonroad vehicle. A motor vehicle is a self-propelled vehicle designed for transporting persons or property on a street or highway . Anonroad vehicle is a vehicle powered by a nonroad engine. Anonroad engine is an internal combustion engine that is not used in a motorvehicle or a vehicle used solely for competition, or that is not subject to standards promulgated under section 111 or section 202 ofthe Act.. 065 "Modification" means any physical change in, or change in method of operation of, an affected facilitywhich increases the amount ofany air pollutant, except that : 065.01 Routine maintenance, repair, and replacement (except as defined as reconstruction) shall notbe considered physical changes; and 1-13Title 129

Chapter 1 065.02 An increase in the production rate or hours ofoperation shall not be considered a change in the method ofoperation, 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 arepart of the applicable State Implementation Plan. _068 "Net emissions increase" means the amount bywhichthe sum of the following exceeds zero: 068.01 Any increase in actual emissions fromaparticular physical change or change in the method ofoperation at a stationary source; and 068 .02 Anyother increases and decreases in actual emissions at the source that are contemporaneous withthe particular change and are otherwise creditable. An increase or decrease in actual emissions is contemporaneous with the increase fromthe particular change only if it occurs before the date that the increase fromtheparticular change occurs. An increase ordecrease in actual emissions is creditable only if . 068.02A It occurs within a reasonable period, not to exceed oneyear, to be specified bythe Director ; and 068.02B The Director has not relied on it in issuing a liermit for the source under regulations approved pursuant to 40CFR51 .165, which permit is in effect when the increase in actual emissions from the particular change occurs.
1-14Title 129

Chapter 1 068.03 An increase in actual emissions is creditable only to the extent that the new level ofactual emissions exceeds the old level . 068 .04 Adecrease in actual emissions is creditable only to the extent that : 068.04A The old level ofactual 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 anypermit under regulations approved pursuant to 40CFRPart 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 theincrease fromthe particular change. 068 .05 An increase that results froma physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit aparticular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedownperiod, not to exceed 180days. 069 "New

source" means any stationary source the construction, modification, or reconstruction ofwhich is commenced after the publication ofregulations by the State of Nebraska or the federal government prescribing a standard of performance whichwill be applicable to such source. 070 "Non-attainment area" means any area designated bythe Department or the Agency pursuant to Section 107 (d) of the Act as an area exceeding anyNational Ambient Air Quality Standard. 1-15Title 129

Chapter 1 071 "Opacity" means a state which renders material partially orwholly impervious to rays of light and causes obstruction ofan observer's view . 072 "Open fires" means theburning of anymatter in such a manner that the products ofcombustion resulting fromsuch 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 CFRPart 50 or equivalent methods. 075 "Particulate matter" means any airborne finely divided solid or liquid material with an aerodynamic diameter smaller than 100micrometers. _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 "PMIOemissions" means finely divided solid or liquid material, with an aerodynamic diameter less than or equal to a nominal 10micrometers emitted to the ambient air as measured by an applicable reference method, or an equivalent or alternative method, specified bythe 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 programcosts" 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. 1-16Title 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, anyother state or political- subdivision or agency thereofor anylegal successor, representative, agent, or agency of the foregoing. _083 "Performance test" means measurements of emissions or otherprocedures used for the purpose ofdetermining compliance with a standard .ofperformance conducted in accordance with approved test procedures. 084 "Plan" means an implementation plan adopted by the Statepursuant to Section 110of the Act, to attain and maintain a national standard. _085 "Potential to emit" means themaximum capacity ofa stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation onthe capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours ofoperation 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 itwould have on emissions is federally enforceable . Secondary emissions do not count in determining the potential to emit of a stationary source. This termdoes not alter or affect the use ofthis term for any otherpurposes under the Act, or the term"capacity factor" as used in Chapter 26 . 086 "Primary standard" means a national primary ambient airquality 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. 1-17Title 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 airwill 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 ofcycles, divided by the number offiours ofactual process operation during such a period. Where the nature of anyprocess 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 ofa 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 bythe Director for thepurpose of ensuring attainment of the applicable ambient air quality standard by the applicable date. _092 "Reconstruction" means a situationwhere the fixed capital cost ofthe new components exceeds 50% ofthe fixed capital cost ofa 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)
. Areconstructed sourcewill betreated as a new stationary source. In determiningbest available control technology or lowest achievable emission rate for a reconstructed source, theprovisions of 40 CFR 60.15(f)(4) shall be taken into account in assessing whether a standard of performance under 40CFRPart 60 is applicable to such source. 093 "Region" means: 093.01 An air quality control region designated by the Administrator; or 1-18Title 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-anyvolatile organic compounds as defined in this Chapter; 095.02 Any pollutant for which a national ambient air quality standard has been promulgated; 095.03 Anypollutant that is subjectto any standard in Chapter 18; and 095.04 Anypollutant subject to a standard orotherrequirements established in Chapters 27 or 28 relating to hazardous air pollutants, including the following: 095.04A Any pollutant subjectto requirements under Chapter 27, 005 ; and 095.0413 Any pollutant for which the requirements efrelating to construction, reconstruction, andmodification in Chapter27, 003, have been met, but onlywith respect to the individual source subject to these requirements. 096 "Regulated pollutant for fee purposes" means anyregulatedair pollutant identified in the previous section, except for the following: ' 096 .01 Carbon monoxide; 096 .02 Particulate matter, excluding PMIO ; 1-19Title 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 bythe 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) ofthe 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 ofthe corporation in charge ofa principal business function, or any other person whoperforms 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 250persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars) ; or 098.O1B The delegation ofauthority to such representatives is approved in advanceby the permitting authority; 098.02 For a partnership or sole proprietorship: ageneral 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, aprincipal executive officer ofa Federal agency includes the chief executive officer having responsibility for the overall operations of a 1-20Title 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 Vprogram

. 099 "Rule or regulation" means anyrule or regulation of the Council . 100 "Secondary emissions" means emissions which would occur as a result of the construction or operation ofa major stationary source or major modification, but do not come fromthe major stationary source or majormodification 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 fromships or trains comingto or fromthe new or modified stationary source; and 100 .02 Emissions fromany offsite support facilitywhichwould not otherwise be constructed or increase its emissions as a result of the construction or operation ofthe major stationary source or major modification. 101 "Secondary standard" means anational 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 1-21Title 129

Chapter 1 aremonitoring (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: ~100tons per year (tpy) Nitrogen oxides: 40 tpy Sulfur dioxide: 40tpy Particulate matter: 25 tpy PM1o: 15 tpy Ozone: 40tpy ofvolatile organic compounds 

### Lead: 0.6 tpy Fluorides: 3 tpy Sulfuric acid mist : 7 tpy Hydrogen sulfide (H2S) : 10tpy Total reduced sulfur (including H2S) : 10tpy Reduced sulfur compounds (including H2S) : 10tpy Municipal waste combustor organics (measured as total tetra- through octachlorinated dibenzo-p-dioxins and dibenzofurans) : 3.2x10-6 megagrams peryear (3.5x10-6tons per year) 1-22Title 129

Chapter 1 Municipal waste combustormetals (measured as particulate matter) : 14 megagrams peryear (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 fromawaste treatment . plant, water supply treatment plant, or air pollution control facility, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting fromindustrial, commercialyor mining operations, or fromcommunity activities. 105 "Source" means anyproperty, real or personal, or person contributing to air pollution. 106 "Speciation" is the process ofclassifying 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 ofair source categories which best accounts for the composition ofa pollutant sample. 107 "Stack" means anypoint 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 ofphysical 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 programofconstruction of the stack to be completed in a reasonable time. 1-23Title 129

Chapter 1 109 "Stack height" means the distance fromthe ground level elevation ofa stack to the elevation of the stack outlet
. 110 "Standard ofperformance" means a standard for emission ofair pollutants which reflects the degree ofemission limitation achievable through the application of the best systemofemission reduction which (taking into account the cost of achieving such reduction) the Director determines has been adequately demonstrated. , .~ . 111 "Startup ofoperation" means the beginning of routine operation ofan 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 theNebraska 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 Vprogram" or "State program" means a program approved by the Administrator for purposes ofTitle Vof the Act. ' 118 "Total reduced sulfur" means total sulfur fromthe following compounds: hydrogen sulfide, methyl mercaptan, dimethyl sulfide, and dimethyl disulfide. 1-24Title 129

Chapter 1 119 "Total Suspended Particulates" means particulate matter as measured by the method described in Appendix Bof 40 CFRPart 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 systemdivides the world into 60 zones, each being six degrees longitude wide and extending from80 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 ofcarbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammoniumcarbonate, which participates in atmospheric photochemical reactions. VOCincludes 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) ; 1-25Title 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 HFC227ea) ; 1,1,1,2,3,3,3-heptafluoropropane (known as HFC227ea) ; 1,1,1,2,3,3-hexafluoropropane (HFC-236ea); 1,1,1,3,3,3-hexafluoropropane (HFC-236fa) ; Methane; Methyl acetate; 1-26Title 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 orTBAC) ; 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, completelyfluorinated 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 ofEnvironmental Quality

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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 anyofthe followingwithout first having obtained a construction permit fromthe 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 ofPMIOemissions. 001 .0113 Forty (40) tons/year of sulfur dioxide (S02) or sulfur trioxide (S03), or any combination ofthe two. 001 .01CForty (40) tons/year of oxides of nitrogen (calculated as N02)
. 001 .011) Forty (40) tons/year ofvolatile organic compounds (VOC)
. 001 .01E Fifty (50) tons/year ofcarbon monoxide. 

### 001 .0117 Six-tenths (0.6) tons/year oflead. 001 .01 G Twoand one-half (2.5) tons/year of anyhazardous air pollutant or an aggregate often (10) tons/yearofany hazardous air pollutants, including all associated fugitive emissions (see Chapter 27~ section 003)
. ` 001 .02When determining applicability under 001 .01 above, sources in the following source categories must include fugitive emissions: 

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SECH..`TARYOF 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 aluminumore reduction plants; 001 .02G Primary copper smelters; 001 .02H Municipal incinerators capable ofcharging more than 250tons 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; 17-2Title 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 250million British thermal units per hours heat input; 001 .02V Petroleumstorage and transfer units with a total storage capacity exceeding 300,000barrels; 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 250million British thermal units perhour heat input; 001 .02AA Anyother stationary source category which is being regulated by a standard promulgated under Section 111 or 112 ofthe Act as ofAugust 7, 1980 . 001 .03 Any incinerator used for refuse disposal or for theprocessing 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 applicableto those sources whohave failed to obtain a permit to the same extent as if apermit hadbeen 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 . Anon-refundable fee based on the proposed potential to emit ofthe 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 50tons per year of any regulated air pollutant ; or Less than 2.5 tons peryear of anysingle HAP; or $250 Less than 10tons per ear of any combination of HAPs 50 tons or more but less than 100tons peryear of any regulated air pollutant; or 2.5 tons or more but less than 10tons per year of any single HAPs; or $1,500 10tons or more but less than 25 tons peryear of any combination of HAPs 100tons or more per year of any regulated air pollutant; or 10tons or more peryear of any single hazardous air pollutant (HAP) ; $3,000 or 25 tons or more per ear of an combination ofHAPs 004 An applicationwill 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 IftheDepartment determines that the applicationis 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.

17-4Title 129

Chapter 17 006 Any applicant who fails to submit anyrelevant facts or whohas submitted incorrect information in a permit application shall, upon becoming aware ofsuch 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 occurin the vicinity ofa source or combination ofsources will be determined by use ofan 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 ofApplication for Permits. 009 .01 Ifit is determined by the Director that emissions resulting fromthe operation ofa source to be constructed or modified will any portion ofthese . rules and regulations, violate any applicable federal air quality regulation ., or interfere with attainment or maintenance ofaNational 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 Aconstruction permit will notbe issued for any major source or major modification when such source or modification would cause or contribute to aviolation ofanational ambient air quality standard by exceeding, at aminimum, the following significant levels at ariy locality that does not or would not meet the applicable national standard:Title 129 Chapter 17 Averagingperiod 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 ofa permit for any construction, reconstruction, or modification, does not relieve the owner or operator fromthe responsibility to complywith the applicable portions of the Implementation Plan control strategy,_ Thepermittee must comply with all conditions of the construction permit. Any permit noncompliance shall constitute a violation ofthe State Act and theAct, and is grounds for enforcement action or permit revocation. - 012 If construction, reconstruction, or modification ofthe source is not commenced within 18 months, the construction permit shall lapse except upon a showing bythe permitteethat 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 modifywill be issued for aproposed major source or a majormodification 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 Bythe time the facility is to commence operation, total allowable emissions fromthe same source or existing sources in the
17-6Title 129

Chapter 17 same nonattainment area, fromnew sources which are not major emitting facilities, and fromexisting 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 ofa 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 establishedunder the Implementation Plan and the State shall not issue a permit ifthe Administrator has determined that the applicable Implementation plan is not being adequately implemented for the nonattainment area inwhichthe proposed source is to be constructed or modified. 013.01E The source has completed an analysis ofalternative sites, sizes, production processes, and environmental control techniques for such proposed source which demonstrates that benefits of the proposed source significantly outweighthe environmental and social costs imposed as a result ofits location, construction, or': modification.Title 129

Chapter 17 013.02 Therequirements ofsection 013.O1Afor 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 ofthe 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 thepotential 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 offuel 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 thepermit is conditioned to require the use of a specified alternative control measure which would achieve the same degree ofemissions reduction should the source switch back to a dirtier fuel at some laterdate. The Director will ensure that adequate long-termsupplies 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 maybe 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 maynot be used for emissions offset credit. However, where an applicant can establish that it shut down or curtailed production less than one year priorto the date ofpermit application, and the proposed new source is a replacement for the 17-8Title 129

Chapter 17 shutdown or curtailment, credit for such shutdown or curtailment may

be applied to offset emissions fromthe 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 ofVolatile Organic Compounds" . (42 FR 35314, July 8, 1977) ; 013.03E The procedures set out in 40CFRPart 51, Appendix S, Section IV.D, relating to the permissible location ofoffsetting 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 anypermit underregulations approved pursuant to 40 CFRPart 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 amajor stationary source or majormodification only iffugitive 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 aluminumore 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; 013.04MCoke 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 Secondarymetal production plants; 013.04T Chemical process plants; 

### 013.04U Fossil-fuel boilers (or combination thereof) totaling more 17-10Title 129

Chapter 17 than 250million British thermal units per hours heat input;

013.04V Petroleumstorage and transfer units with a total storage capacity exceeding 300,000barrels; 013.04WTaconite ore processing plants; 01 3.04X Glass fiber processing plants ; 013.04Y Charcoal production plants; 013.04Z Fossil fuel-fired steamelectric plants ofmore 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 ofAugust 7, 1980 . . 013.05 At such time that a particular source or modification becomes a major stationarysource or majormodification solely by virtue ofa relaxation in any enforcement limitationwhich was established after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, such as arestriction on hours ofoperation, then the requirements of this section shall apply to the source or modification as though construction had not yet commenced onthe source or modification. _014 Modification of the Construction Permit . The purpose of this section is to provide ameans to address unforeseen situations which may develop inthe process ofconstructing or modifying an emission source subject to this chapter. 014 .01 Subject to the approval ofthe Director, the terms ofa (onstruction permit maybe modified without public reviewthrough 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 ofthe 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 abovehave 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 theproject 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.

17-12Title 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 ofTitle 129 . 015.02 Modifying existing construction permits to incorporate modifications that ca~ot~be processed under the provisions of014 . Enabling Legislation: Neb. Rev . Stat . §§81-1504(1)(2) ; 81-1505(12) Legal Citation: Title 129, Ch. 17, Nebraska Department of Environmental Quality 

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Chapter 28 - HAZARDOUSAIR POLLUTANT; EMISSIONS STANDARDS 001 Notwithstanding any other provisions ofthese regulations, the following "National Emission Standards for Hazardous AirPollutants", 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 ChromiumEmissions fromHard and Decorative Chromium Electroplating and Chromium Anodizing Tanks, Subpart N, as revised at 69 FR42885 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 SecondaryLead 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 

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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 fromthe Synthetic Organic Chemical Manufacturing Industry, Subpart F 001 .21 Organic Hazardous Air Pollutants fromthe 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 theNegotiated Rulemaking for Equipment Leaks, Subpart I 001 .24 Ethylene Oxide Emissions fromSterilization Facilities, Subpart O 001 .25 Pulp and Paper Industry, Subpart S 001 .26 Phosphoric Acid Manufacturing Plants, Subpart AA 28-2Title 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 FoamProduction, Subpart 111 ; 001 .42 Portland Cement Manufacturing, Subpart LLL_ 001 .43 Pesticide Active Ingredient Production, Subpart MMMTitle 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 SecondaryAluminumProduction, 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 FR53338, on September 1, 2004. 001 .53 Manufacturing ofNutritional 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 28-4Title 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 FR394, on January 5, 2004. 001 .83: Organic Liquids Distribution (Non-gasoline), Subpart EEEE, issued at 69 FR 5038, 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 FR21906, on April 22, 2004.
28-6Title 129

Chapter 28 001 .87: Surface Coating ofAutomobiles 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 FR45944, 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 

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.1. . : . . . . . . . ow=+__ ' Title 129 - Department of Environmental Quality Chapter 30 - OPEN FIRES 001 No person shall cause or allowany open fires. 002 Exceptions: 002.01 Fires set solely as part ofa religious activityl for recreational purposes or for outdoor cooking offood for human consumption on non- commercial premises;"Provided~no nuisance or hazard is created
. 002.02 Fires set for thepurpose oftraining public and industrial fire fighting personnel
. 002.03 Fires set in the operation ofsmokeless flare stacks for the combustion ofwaste 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 ofthis regulation, "fires set in an agricultural operation" shall mean: 002.04A The burning of any trees or vegetation indigenous to the property ofthe owner or person in lawful possession of the land; and 002.0413 Theburning of any agriculturally related material that is potentially hazardous and where disposal by burningis recommended by the manufacturer
. Such materials must have been used on the owner's propertyor person in legal possession of the said property. 002.05 Unless prohibited by local ordinances, fires set to destrdy household refuse on residential premises containing ten or less dwellingunits, by individuals residing on the premises providing no nuisance or traffic hazard is created.

30-1Title 129

Chapter 30 002.06 For the purpose of plant and wildlife and parks management, provided such burning is conductedby 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 ofthe destruction of dangerous materials, diseased vegetation or abatement ofa fire hazard. v 002.0713 For thepurpose ofdestruction oftrees, brush and other vegetation removed fromroad 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 ofthe destruction ofstraw used as a winter insulating cover on agricultural products. 002.07E For thepurpose ofdestroying untreated wood and trees at community land disposal sites. (Materials beingburned must be in an area separate frommaterials not being burned)
. 002.07F For the purpose ofdestruction of materials after cleanup froma natural disaster. 002.08 Permits for open fires as specified in this regulation vhll be granted only if there is no otherpractical means ofdisposal . Any burning of materials not specified in the burning permit mayresult inwithdrawal ofthe permit. 30-2Title 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



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