reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 25 - STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Section 128-25-035 - Response to releases

Current through June 17, 2024
035.01 A universal waste transporter must
  immediately contain all releases of universal wastes and other residues from
  universal wastes.
035.02 A
  universal waste transporter must determine whether any material resulting from
  the release is hazardous waste, and if so, it is subject to all applicable
  requirements of Title 128, Chapters 1 through 24. If the waste is determined to
  be a hazardous waste, the transporter is subject to the requirements of Title
  128, Chapters 8, 9, and 10.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 25 - STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Section 128-25-036 - Off-site shipments

Current through June 17, 2024
036.01 A universal waste transporter is
  prohibited from transporting the universal waste to a place other than a
  universal waste handler, a destination facility, or a foreign
  destination.
036.02 If the
  universal waste being shipped off-site meets the Department of Transportation's
  definition of hazardous materials under
  49 CFR
  171.8, the shipment must be properly
  described on a shipping paper in accordance with the applicable Department of
  Transportation regulations under 49 CFR part 172.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 25 - STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Section 128-25-037 - Exports

Current through June 17, 2024
A universal waste transporter transporting a shipment of universal
	 waste to a foreign destination other than to those OECD countries specified in
	 40 CFR
	 262.58(a)(1) (in which case
	 the handler is subject to the requirements of 40 CFR part 262, subpart H) may
	 not accept a shipment if the transporter knows the shipment does not conform to
	 the EPA Acknowledgment of Consent. In addition the transporter must ensure
	 that:
037.01 A copy of the EPA
  Acknowledgment of Consent accompanies the shipment; and
037.02 The shipment is delivered to the
  facility designated by the person initiating the shipment.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 25 - STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Section 128-25-038 - Universal Waste Destination Facilities

Current through June 17, 2024
Universal Waste Destination Facilities. Sections
038.01
through
040.02
of this
	 chapter define standards for universal waste destination facilities.
038.01 The owner or operator of a destination
  facility (as defined in
008
of this chapter) is
  subject to all applicable requirements of Title 128, Chapters 7, and 12 through
  24, and the notification requirements of Title 128, Chapter 4.
038.02 The owner or operator of a destination
  facility that recycles a particular universal waste without storing that
  universal waste before it is recycled must comply with Title 128, Chapter 7,
006
.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 25 - STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Section 128-25-039 - Off-site shipments

Current through June 17, 2024
039.01 The owner or operator of a destination
  facility is prohibited from sending or taking universal waste to a place other
  than a universal waste handler, another destination facility or foreign
  destination.
039.02 The owner or
  operator of a destination facility may reject a shipment containing universal
  waste, or a portion of a shipment containing universal waste. If the owner or
  operator of the destination facility rejects a shipment or a portion of a
  shipment, he must contact the shipper to notify him of the rejection and to
  discuss reshipment of the load. The owner or operator of the destination
  facility must:
039.02A Send the shipment back
  to the original shipper; or
039.02B
  If agreed to by both the shipper and the owner or operator of the destination
  facility, send the shipment to another destination facility.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 25 - STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Section 128-25-040 - Tracking universal waste shipments

Current through June 17, 2024
040.01 The owner or operator of a destination
  facility must keep a record of each shipment of universal waste received at the
  facility. The record may take the form of a log, invoice, manifest, bill of
  lading, or other shipping document. The record for each shipment of universal
  waste received must include the following information:
040.01A The name and address of the universal
  waste handler, destination facility, or foreign shipper from whom the universal
  waste was sent;
040.01B The
  quantity of each type of universal waste received (e.g., batteries, pesticides,
  lamps, mercury-containing items, electronic items); and
040.01C The date of receipt of the shipment
  of universal waste.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 25 - STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Section 128-25-041 - Imports

Current through June 17, 2024
Persons managing universal waste that is imported from a foreign
	 country into the United States are subject to the applicable requirements of
	 this chapter, immediately after the waste enters the United States, as
	 indicated below:
041.01 A universal
  waste transporter is subject to the universal waste transporter requirements of
  Sections
031
through
037
of
  this chapter.
041.02 A universal
  waste handler is subject to the small or large quantity handler of universal
  waste requirements of Sections
009
through or
020
through
030
of this
  chapter, as applicable.
041.03 An
  owner or operator of a destination facility is subject to the destination
  facility requirements of Sections
038
through
040.02
of this chapter.
041.04 Persons managing universal waste that
  is imported from an OECD country as specified in
  40 CFR
  262.58(a)(1) are subject to
  Sections
041.01
through
041.03
of this chapter, in addition to the
  requirements of 40 CFR part 262, subpart H.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 25 - STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Section 128-25-042 - Petitions

Current through June 17, 2024
Petitions to include other wastes under Title 128, Chapter 25 may be
	 submitted in accordance with Sections
042.01
through
043.08
of this chapter.
042.01 Any person seeking to add a hazardous
  waste or a category of hazardous waste to this chapter may petition for a
  regulatory amendment under this subpart and Title 128, Chapter 6,
001
.
042.02 To be successful, the petitioner must
  demonstrate to the satisfaction of the Director that regulation under the
  universal waste regulations of Title 128, Chapter 25 is: appropriate for the
  waste or category of waste; will improve management practices for the waste or
  category of waste; and will improve implementation of the hazardous waste
  program. The petition must include the information required by Title 128,
  Chapter 6,
001.02
. The petition should also address as
  many of the factors listed in Chapter 25,
043
as are
  appropriate for the waste or waste category addressed in the
  petition.
042.03 The Director will
  evaluate petitions using the factors listed in Chapter 25,
043
. The Director will grant or deny a petition using
  the factors listed in Chapter 25,
043
. The decision
  will be based on the weight of evidence showing that regulation under Title
  128, Chapter 25 is appropriate for the waste or category of waste, will improve
  management practices for the waste or category of waste, and will improve
  implementation of the hazardous waste program.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 25 - STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Section 128-25-043

Current through June 17, 2024
Factors for petitions to include other wastes under Title 128, Chapter
	 25.
043.01 The waste or category of
  waste, as generated by a wide variety of generators, is listed in Title 128,
  Chapter 3,
011
through
016
,
  or (if not listed) a proportion of the waste stream exhibits one or more
  characteristics of hazardous waste identified in Title 128, Chapter 3,
005
through
010
. (When a
  characteristic waste is added to the universal waste regulations of Title 128,
  Chapter 25 by using a generic name to identify the waste category (e.g.,
  batteries), the definition of universal waste in Title 128, Chapter 25,
008
will be amended to include only the hazardous
  waste portion of the waste category (e.g., hazardous waste batteries).) Thus,
  only the portion of the waste stream that does exhibit one or more
  characteristics (i.e., is hazardous waste) is subject to the universal waste
  regulations of Title 128, Chapter 25;
043.02 The waste or category of waste is not
  exclusive to a specific industry or group of industries, is commonly generated
  by a wide variety of types of establishments (including, for example,
  households, retail and commercial businesses, office complexes, conditionally
  exempt small quantity generators, small businesses, government organizations,
  as well as large industrial facilities);
043.03 The waste or category of waste is
  generated by a large number of generators (e.g., more than 1,000 nationally)
  and is frequently generated in relatively small quantities by each
  generator;
043.04 Systems to be
  used for collecting the waste or category of waste (including packaging,
  marking, and labeling practices) would ensure close stewardship of the
  waste;
043.05 The risk posed by the
  waste or category of waste during accumulation and transport is relatively low
  compared to other hazardous wastes, and specific management standards proposed
  or referenced by the petitioner (e.g., waste management requirements
  appropriate to be added to Title 128, Chapter 25,
012
,
023
, and
033
; and/or
  applicable Department of Transportation requirements) would be protective of
  human health and the environment during accumulation and transport;
043.06 Regulation of the waste or category of
  waste under Title 128, Chapter 25 will increase the likelihood that the waste
  will be diverted from non-hazardous waste management systems (e.g., the
  municipal solid waste stream, non-hazardous industrial or commercial solid
  waste stream, municipal sewer or stormwater systems) to recycling, treatment,
  or disposal in compliance with Subtitle C of RCRA.
043.07 Regulation of the waste or category of
  waste under Title 128, Chapter 25 will improve implementation of and compliance
  with the hazardous waste regulatory program; and/or
043.08 Such other factors as may be
  appropriate.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 26 - GENERAL PROVISIONS › Section 128-26-001 - Adoption by reference

Current through June 17, 2024
001.01 The references to 40 CFR contained in
  this Title are to the Code of Federal Regulations published by the U.S.
  Government Printing Office, revised as of July 1, 2005, except as otherwise
  indicated. The references to 49 CFR contained in this Title are to the Code of
  Federal Regulations published by the U.S. Government Printing Office, revised
  as of October 1, 1996.
001.02 All
  material adopted in whole or in part by reference is available and on file with
  the Department and with the Secretary of State.
001.03 The regulations adopted by reference
  shall apply except as more expressly provided in this Title.
001.04 For regulations adopted by reference,
  Regional Administrator shall mean Director of the Department of Environmental
  Quality.
001.05 For regulations
  adopted by reference, Agency, EPA, or Environmental Protection Agency shall
  mean the Department of Environmental Quality.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 26 - GENERAL PROVISIONS › Section 128-26-002

Current through June 17, 2024
If any chapter, subsection, or section of these regulations shall be
	 held invalid, it shall conclusively be presumed that the Environmental Quality
	 Council would have enacted the remainder of these regulations not directly
	 related to such Chapter, subsection or section.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 1 - GENERAL PROVISIONS; DEFINITIONS › Section 129-1-001 - General Provisions

Current through June 17, 2024
001.01 Unless
  otherwise stated, any reference in these rules to standards, procedures, and
  requirements of Title 40 of the Code of Federal Regulations (40 CFR) refers to
  the version of 40 CFR published on July 1, 2020.
001.02 When any standards, procedures, or
  requirements of 40 CFR are adopted for application to a State program, the
  language of 40 CFR is to be read and interpreted as applying to the State
  program.
001.03 The text of the
  federal regulations adopted and incorporated by reference may include
  references to other federal statutes and regulations that are not specifically
  adopted by reference in this Title. Unless otherwise stated, such references
  will be used to assist in interpreting the federal regulations, and the
  authority and enforceability of any analogous or related portions of Nebraska
  statutes and regulations will apply.
001.04 Unless otherwise stated, any reference
  in this Title to standards, procedures, and requirements of 40 CFR will
  constitute the full adoption by reference of the Part, Subpart, and Paragraph
  of the Federal Regulations so referenced including any notes and appendices.
001.04A "Administrator" or "Regional
  Administrator" or "Director" means the Director of the Nebraska Department of
  Environment and Energy, unless otherwise stated.
001.04B "Permit authority" or "Department"
  means the Nebraska Department of Environment and Energy, unless otherwise
  stated.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 1 - GENERAL PROVISIONS; DEFINITIONS › Section 129-1-002

Current through June 17, 2024
In addition to the definitions found at Neb. Rev. Stat. § 81-1502,
	 the 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,
	 have the following meanings:
002.01
  "Act" means the definition found at 40 CFR § 70.2.
002.02 "Actual emissions" for purposes other
  than the Prevention of Significant Deterioration program, means the actual rate
  of emissions of a pollutant from an emissions unit as determined below:
002.02A Actual emissions are to 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.
002.02B The
  Director may presume that the source-specific allowable emissions for the unit
  are equivalent to the actual emissions of the unit.
002.02C For any emissions unit which has not
  begun normal operations on the particular date, actual emissions are to equal
  the potential to emit of the unit on that date.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 2 - NEBRASKA AIR QUALITY STANDARDS › Section 129-2-001 - Nebraska Ambient Air Quality Standards

Current through June 17, 2024
The National Ambient Air Quality Standards (NAAQS) published at 40 CFR
	 Part 50; as of July 1, 2020, unless otherwise indicated, are incorporated by
	 reference and made applicable in the State of Nebraska. Administrator, as used
	 in 40 CFR Part 50, means EPA Administrator.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 2 - NEBRASKA AIR QUALITY STANDARDS › Section 129-2-002 - Total reduced sulfur (TRS)

Current through June 17, 2024
002.01 Except as
  provided in 002.01A and 002.01B these standards apply:
Level: 10.0 parts per million (10.0 ppm)
Averaging time: 1 minute
Form: Maximum average concentration
Level: 0.10 parts per million (0.10 ppm)
Averaging time: 30-minutes
Form: Maximum rolling average
002.01A Ambient air concentrations of TRS
  emissions occurring as a result of natural activities that have no associated
  economic benefits will not constitute a violation of the standards contained in
  Section 002.
002.01B The Department
  may allow any source causing or contributing to a violation of the standards in
  Section 002 to develop and implement a program to eliminate such emissions
  causing a violation.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 2 - NEBRASKA AIR QUALITY STANDARDS › Section 129-2-003 - Visibility Protection

Current through June 17, 2024
003.01 For the
  purposes of this section, 40 CFR § 51.301 is incorporated by reference.
  Administrator, as used in 40 CFR § 51.301, means EPA Administrator.
  Appendix Y (Guidelines for BART Determinations Under the Regional Haze Rule) of
  40 CFR 51, is incorporated by reference.
003.02 The owner or operator of a stationary
  source that is subject to a Best Available Retrofit Technology (BART)
  determination according to 40 CFR Part 51, Appendix Y will submit a BART
  determination in accordance with Appendix Y of 40 CFR Part 51 to the Department
  for review. The Department will issue a permit to the source, pursuant to
  Section 003.03, giving consideration to the source's BART
  determination.
003.03 The BART
  requirements for any BART stationary source that is subject to BART according
  to 40 CFR Part 51, Appendix Y will be incorporated into a construction permit
  in accordance with Chapter 3 of this Title.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 2 - NEBRASKA AIR QUALITY STANDARDS › Section 129-2-004 - Regions and Subregions: How Classified

Current through June 17, 2024
The following Air Quality Control Regions are designated for
	 Nebraska:
004.01 The
  Lincoln-Beatrice-Fairbury Intrastate Air Quality Control Region includes the
  counties of Lancaster, Gage, Jefferson, and Thayer and all subdivisions
  therein. Lancaster County is designated a subregion of the Lincoln-
  Beatrice-Fairbury Intrastate Air Quality Control Region.
004.02 The Metropolitan Sioux City Interstate
  Air Quality Control Region includes Dakota County in Nebraska; two counties in
  Iowa and one in South Dakota.
004.03 The Omaha-Council Bluffs Interstate
  Air Quality Control Region includes the counties of Douglas and Sarpy in
  Nebraska and Pottawattamie in Iowa.
004.04 The Columbus Intrastate Air Quality
  Control Region includes the counties of Platte, Colfax, Polk, and Butler and
  all subdivisions therein.
004.05
  The Nebraska Intrastate Air Quality Control Region includes all counties (and
  subdivisions therein) within the boundaries of the state exclusive of those
  counties included in one of the other four Air Quality Control Regions. Cass
  County and Dawson County are designated as subregions of the Nebraska
  Intrastate Air Quality Control Region for PM and
  PM10.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 2 - NEBRASKA AIR QUALITY STANDARDS › Section 129-2-005 - Controls for Transferring, Conveying, Railcar, and Truck Loading at Rock Processing Operations in Cass County

Current through June 17, 2024
The owner or operator of any rock processing operation located in Cass
	 County shall install, operate and maintain a system to reduce potential
	 emissions from conveying, transfer operations, and railcar and truck loading by
	 85 percent. Compliance with this Section may be demonstrated by the full-time
	 use with any suitable combination of sprays, hoods, enclosures, or filters
	 subject to Department approval.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 2 - NEBRASKA AIR QUALITY STANDARDS › Section 129-2-006 - Air Pollution Emergency Episodes

Current through June 17, 2024
006.01 40 CFR Part
  51 Appendix L, except for the preamble contained therein, is hereby adopted and
  incorporated by reference.
006.02
  Whenever the Director finds that an emergency exists requiring immediate action
  to protect the public health and welfare, the Director will issue an
  announcement to the general public.
006.03 Episode Criteria. In the event of an
  Emergency Episode the following procedures will be followed by the Department:
006.03A The Department will monitor forecasts
  of atmospheric stagnation and updates of current conditions as frequently as
  they are issued by the National Weather Service.
006.03B The Department may inspect sources to
  ascertain compliance with applicable Emission Reduction Plans.
006.03C The Department will establish a
  dedicated means for communication with public officials, major emission
  sources, public health and safety agencies, and news media for the duration of
  the Emergency Event.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 3 - CONSTRUCTION PERMITS › Section 129-3-001 - When Required

Current through June 17, 2024
001.01 Construction
  Allowed Prior to Obtaining a Permit. A pre-construction notification may be
  submitted by sources not subject to review under Chapter 3 Section 004, Chapter
  4, or Chapter 13 Section 004.03 of this Title, or sources seeking federally
  enforceable permit restrictions to avoid review under Chapter 3 Section 004,
  Chapter 4, or Chapter 13 Section 004.03. Such sources may initiate construction
  prior to issuance of the construction permit by the Director, provided the
  Department has received a complete application for a construction permit; and
  the source has submitted the pre-construction notification to the Department at
  least thirty (30) working days prior to initiating construction. In no case
  will the applicant be allowed to hook up the equipment to the exhaust stack or
  operate the equipment in any way that may emit any pollutant prior to receiving
  a construction permit.
001.01A A complete
  notification for pre-construction activities includes:
001.01A1 The applicant's full acceptance and
  knowledge of all liability associated with the possibility of denial of the
  permit application;
001.01A2 A
  waiver of any state liability, that must be signed by a responsible official
  for the source; and
001.01A3 A
  complete list of the construction-related activities to be
  undertaken.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 3 - CONSTRUCTION PERMITS › Section 129-3-003 - Permit Action

Current through June 17, 2024
The Director will publish notice of intent to approve or disapprove the
	 application in accordance with the procedures of Chapter 10.
003.01 A construction permit issued for any
  construction, reconstruction, or modification, does not relieve the owner or
  operator from the responsibility to comply with the applicable portions of the
  State Implementation Plan (SIP) control strategy. The source is to comply with
  all conditions of the construction permit. Any permit noncompliance will
  constitute a violation of the State Act and the Act, and is grounds for
  enforcement action or permit revocation.
003.02 Approval to construct will become
  invalid if construction is not commenced within 18 months after approval of the
  construction permit, if construction is discontinued for a period of 18 months
  or more, or if construction is not completed within a reasonable time. The
  Director may extend the 18-month period upon a satisfactory showing by the
  permittee, made at least 30 days before the approval to construct becomes
  invalid, that the complexity of the construction, reconstruction, or
  modification requires additional time.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 3 - CONSTRUCTION PERMITS › Section 129-3-004 - Additional Requirements for Construction or Modification of Sources in Nonattainment Areas

Current through June 17, 2024
004.01 A
  construction permit or permit modification will not be issued to a source 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:
004.01A By the time the
  facility is to begin operation, total allowable emissions from all the sources
  described in Sections 004.01A1 through 004.01A3 represent a net decrease in
  emissions and show reasonable further progress toward attainment and
  maintenance of the NAAQS; which include:
004.01A1 The same source or existing sources
  in the same nonattainment area,
004.01A2 New sources which are not major
  emitting facilities, and,
004.01A3
  Existing sources allowed under the SIP prior to the application for such permit
  to construct or modify;
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 3 - CONSTRUCTION PERMITS › Section 129-3-005 - Stack Heights; Good Engineering Practice

Current through June 17, 2024
005.01 For purposes
  of this section, the definitions and specifications in 40 CFR § 51.100(hh)
  through (kk) apply.
005.02 The
  degree of emission limitation required of any source for control of any air
  pollutant will not be affected by so much of any source's stack height that
  exceeds good engineering practice or by any other dispersion
  technique.
005.03 No emission
  limitation will be established, or permit to construct or modify issued,
  involving any dispersion technique, unless approved by the Council following
  public hearing noticed at least 30 days in advance. The public notice will
  announce the availability of any fluid model or field study
  demonstration.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 3 - CONSTRUCTION PERMITS › Section 129-3-006 - Permit Content

Current through June 17, 2024
Each construction permit will include requirements applicable to the
	 source and any additional requirements which the Director deems appropriate,
	 including, but not limited to, the following:
006.01 Emissions limitations and standards,
  which are at least as stringent as any applicable requirement or other
  requirements contained in the SIP.
006.02 Compliance certification, testing,
  monitoring, reporting, and recordkeeping.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 4 - PREVENTION OF SIGNIFICANT DETERIORATION of AIR QUALITY (PSD) › Section 129-4-001

Current through June 17, 2024
The provisions of this chapter apply to the construction of any new
	 major stationary source or the major modification of any existing major
	 stationary source. The provisions of this chapter apply only to sources located
	 in areas designated as attainment or unclassifiable. For purposes of this
	 chapter the provisions of 40 CFR § 52.21 are hereby adopted and
	 incorporated with the following exceptions.
001.01 "Administrator" means both the
  Director and the EPA Administrator as used in:,
001.01A 40 CFR §
  52.21(b)(3)(iii)(a).
001.01B 40 CFR
  § 52.21(b)(48)(ii).
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 4 - PREVENTION OF SIGNIFICANT DETERIORATION of AIR QUALITY (PSD) › Section 129-4-003 - Baseline Actual Emissions (BAE)

Current through June 17, 2024
003.01 BAE will be
  calculated using the following methodologies in this order of preference where
  possible:
003.01A Continuous Emissions
  Monitors (CEMS) complying with requirements in Chapter 15.
003.01B Predictive Emissions Monitors (PEMS)
  complying with requirements in Chapter 15.
003.01C Source-specific valid stack test
  data, if such stack test occurred during the baseline period.
003.01D Emission factors as defined in
  Chapter 11.
003.01E Mass
  Balance.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 4 - PREVENTION OF SIGNIFICANT DETERIORATION of AIR QUALITY (PSD) › Section 129-4-004 - Exclusions from increment consumption

Current through June 17, 2024
The concentrations listed in 40 CFR § 51.166(f)(1)(iii) through
	 (v) will be excluded in determining compliance with a maximum allowable
	 increase.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 4 - PREVENTION OF SIGNIFICANT DETERIORATION of AIR QUALITY (PSD) › Section 129-4-005 - Notification to permit applicants and public

Current through June 17, 2024
005.01 The
  Department will determine if a permit application is complete within 60 days
  after receipt of the application and so notify the applicant. If the Department
  determines that the application is incomplete 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. The Department may determine that an application is complete, but
  later determine that additional information is needed to evaluate or take final
  action on the application.
005.02
  The Department will provide opportunity to the public to submit comments or
  request a public hearing on every PSD permit application approved in accordance
  with Chapter 10.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 4 - PREVENTION OF SIGNIFICANT DETERIORATION of AIR QUALITY (PSD) › Section 129-4-006

Current through June 17, 2024
If any provisions of this section, or the application of such
	 provision to any person or circumstance, is held invalid, the remainder of this
	 section, or the application of such provision to persons or circumstances other
	 than those as to which it is held invalid will not be affected
	 thereby.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 5 - ACID RAIN › Section 129-5-001

Current through June 17, 2024
The following regulations are hereby adopted and incorporated by
	 reference:
001.01 Permit regulations
  pursuant to 40 CFR Part 72, as in effect on July 1, 2020, for purposes of
  implementing an acid rain program that meets the requirements of Title IV of
  the Act. If the provisions or regulations of 40 CFR Part 72 conflict with other
  provisions of this Title as they apply to affected sources, the Part 72
  regulations will apply and take precedence. Administrator, as used in 40 CFR
  Part 72, means EPA Administrator.
001.02 Continuous emissions monitoring
  pursuant to 40 CFR Part 75, as in effect on July 1, 2020, for purposes of
  implementing an acid rain program that meets the requirements of Title IV of
  the Act.
001.03 General acid rain
  program regulations in 40 CFR Part 76 as effective on July 1, 2020, for
  purposes of implementing an acid rain program that meets the requirements of
  Title IV of the Act.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 6 - OPERATING PERMITS › Section 129-6-001

Current through June 17, 2024
The owner or operator of a source is to obtain an operating permit for
	 that source in accordance with this chapter unless exempted under 001.04 and
	 001.05:
001.01 Class I Permits. Any
  Part 70 source is to obtain a Class I permit.
001.01A "Part 70 source" means any source
  subject to the permit requirements as provided in 40 CFR § 70.3(a) and
  70.3(b).
001.01B 40 CFR § 70.3
  is adopted and incorporated by reference.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 6 - OPERATING PERMITS › Section 129-6-002 - Application

Current through June 17, 2024
002.01 Duty to Apply and Timely Application.
002.01A The owner or operator of a source
  that becomes subject to the Class I operating permit program at any time
  following the effective date of these regulations will file an application
  pursuant to 40 CFR § 70.5(a)(1).
002.01B An owner or operator subject to the
  regulation to obtain a Class II operating permit for a source will file an
  operating permit application for that source within 12 months of the date on
  which the source first becomes operational or otherwise subject to the
  requirement to obtain an operating permit.
002.01C For purposes of permit renewal, a
  timely application is one that is submitted at least six months, but no longer
  than 18 months prior to the date of permit expiration.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 6 - OPERATING PERMITS › Section 129-6-003 - Permit Content

Current through June 17, 2024
The standard permit content for Class I and Class II operating permits
	 is as follows:
003.01 Each Class I and
  Class II operating permit will specify emission limitations and standards in
  accordance with the requirements found at 40 CFR § 70.6(a). The source
  will propose permit terms and conditions to satisfy these requirements in its
  application.
003.02 Permit
  duration. Class I and Class II operating permits will be issued for a term
  pursuant to the standards found at 40 CFR § 70.6(a)(2).
003.02A Notwithstanding 003.02, the Director
  may issue a Class II operating permit to true minor sources for the life of the
  source and synthetic minor sources for a fixed term not to exceed 10 years,
  except synthetic minor sources belonging to the categories listed below may be
  issued a permit for the life of the source. The Director may issue a Class II
  permit for a shorter duration.
003.02A1
  Municipal power plants.
003.02A2
  General operating permits for incinerators, should that be the only operating
  permit required for the source.
003.02A3 Mobile power generation.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 6 - OPERATING PERMITS › Section 129-6-004 - Temporary Sources

Current through June 17, 2024
004.01 Except as
  provided in 004.04 of this Chapter, the Director may issue a single permit
  authorizing emissions from similar operations by the same source owner or
  operator at multiple temporary locations. The operation must be temporary and
  involve at least one change of location during the term of the permit subject
  to Department approval. No affected source will be permitted as a temporary
  source.
004.02 An operating permit
  for a temporary source includes the requirements specified in Section 003 of
  this Chapter and the following:
004.02A
  Conditions that will assure compliance with all applicable requirements and
  ambient air quality standards established in Chapter 2 at all authorized
  locations; and
004.02B Conditions
  that the owner or operator notify the Director at least 20 days in advance of
  each change in location by providing the following information:
004.02B1 A specific description of the
  source, including SIC code;
004.02B2 A legal description of the proposed
  new location;
004.02B3 The
  anticipated dates of operation at the new proposed location;
004.02B4 A description of site location,
  adjacent surroundings, including proximity to occupied buildings;
004.02B5 A contact person for the source,
  including telephone number and e-mail address;
004.02B6.The signature of a responsible
  official for the source certifying the information contained in the
  notification; and
004.02B7 A source
  facility identification number as assigned by the Department.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 6 - OPERATING PERMITS › Section 129-6-005 - Emergency; Defense

Current through June 17, 2024
005.01 For the
  purposes of a Class I or Class II operating permit, the language of 40 CFR Part
  70.6(g) is adopted and incorporated by reference.
005.02 A report submitted according to the
  requirements of 40 CFR § 70.6(g)(3)(iv) may be submitted without
  certification by a responsible official as long as a final report meeting the
  reporting requirements of 40 CFR § 70.6(g) is made with the appropriate
  responsible official certification within ten days of the preliminary
  report.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 6 - OPERATING PERMITS › Section 129-6-006 - Class I Operating Permit EPA Review, Affected State Review; Class II Operating Permit

Current through June 17, 2024
006.01 Unless the
  Administrator waives or modifies this requirement, the Department shall provide
  to the Administrator of EPA a copy of each Class I operating permit application
  or modification, each proposed Class I permit, and each final Class I permit.
  The Department may require the permit applicant to provide a copy of the permit
  application, including the compliance plan, directly to the Administrator of
  EPA.
006.02 The Director shall give
  notice of each draft Class I operating permit to any affected state on or
  before the time that the Department provides notice to the public. The
  Department shall notify the Administrator of EPA, TAS, and any affected State
  in writing of the reasons for any refusal by the Department to accept all
  recommendations for the proposed permit that the affected State
  submitted.
006.03 The Director
  shall not issue a Class I operating permit if the Administrator of EPA objects
  to its issuance in writing within 45 days of receipt of the proposed permit and
  all necessary supporting information.
006.04 If the Administrator of EPA objects to
  a Class I operating permit as a result of a petition for review filed pursuant
  to Section 505(b)(2) of the Act, the Department shall not issue the permit
  until EPA's objection has been resolved, except that a petition for review
  shall not stay the effectiveness of a permit or its requirements if the permit
  was issued after the end of the 45 day EPA review period and prior to an EPA
  objection.
006.05 If the Director
  has issued a Class I operating permit to which EPA objects as a result of a
  petition for review filed pursuant to Section 505(b)(2) of the Act, the permit
  may be reopened in accordance with the procedures in Chapter 9.
006.06 Prohibition on Default Issuance.
006.06A Notwithstanding the time period
  specified in Section 003 of this Chapter, no Class I operating permit,
  including a permit renewal or revision, will be issued until:
006.06A1 Affected States and the
  Administrator have had an opportunity to review the proposed permit,
  and
006.06A2 The Director has acted
  on the application.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 6 - OPERATING PERMITS › Section 129-6-008 - Permit Expiration, Denial

Current through June 17, 2024
008.01 Conditions
  of an expired operating permit cannot be modified except with the issuance of a
  new permit or permit renewal.
008.02 The conditions of an expired operating
  permit continue until the effective date of a new operating permit or until the
  application for a permit is denied provided:
008.02A The source has submitted a timely
  application which has been deemed complete by the Department, and
008.02B The Director, through no fault of the
  source, does not issue a new operating permit with an effective date before the
  expiration date of the previous operating permit.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 6 - OPERATING PERMITS › Section 129-6-009 - Emissions Fees

Current through June 17, 2024
009.01 The provisions of this section apply
  to any owner or operator of a major source subject to pay an annual emission
  fee for each ton of a regulated pollutant for fee purposes emitted to the air
  by the facility in accordance with Neb. Rev. Stat. § 81-1505.04. For
  purposes of this Chapter, a pollutant which may be regulated under more than
  one provision of this Title, need only be counted once.
009.02 Any temporary source issued a Class I
  permit under this Chapter will pay an annual emission fee for emissions during
  the time period the source was located and operated in the State.
009.03 Any owner or operator who fails to
  submit an annual emissions inventory report will pay an annual emission fee
  based on the source's potential to emit.
009.04 An owner or operator will submit the
  fees to the Department by check, or other authorized transfer, and identify the
  fees as an air emissions fee payment. The fees will be due and payable on July
  1 of each year. All fees paid in accordance with this Chapter will be
  non-refundable.
009.05 Failure to
  submit the fees required by this Chapter, in addition to other relief allowed
  by law, will be cause for:
009.05A Revocation
  of the source's Class I operating permit; and
009.05B Assessment of a late payment fee of
  20 percent of the payment due, which late payment fee will be increased by an
  additional 10 percent of the original payment due for each additional 30 day
  period that the payment is late. Late payment fees are due immediately upon
  receipt of notice of assessed fees.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 6 - OPERATING PERMITS › Section 129-6-010 - Compliance Assurance Monitoring

Current through June 17, 2024
The provisions of 40 CFR Part 64, as in effect on July 1, 2020, for
	 purposes of implementing the compliance assurance monitoring program, is hereby
	 adopted and incorporated by reference. Administrator, as used in 40 CFR §
	 64.2(b)(1)(i) and 40 CFR § 64.2(b)(1)(iv), means Administrator of
	 EPA.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 7 - GENERAL PERMITS › Section 129-7-001

Current through June 17, 2024
If the Director determines that numerous similar sources are subject to
	 identical regulatory requirements, the Director may issue a general permit
	 following the procedures specified in this Chapter and the applicable
	 procedures of Chapters 3, 6, and 10. The Director will not issue general
	 permits for affected sources under the Acid Rain Program.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 7 - GENERAL PERMITS › Section 129-7-002

Current through June 17, 2024
If the Director, in his or her discretion, determines a general permit
	 is appropriate, he or she will initiate issuance of a general permit by
	 publication of a notice which identifies the criteria for sources that qualify
	 for the general permit. The notice will be published in accordance with Chapter
	 10.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 7 - GENERAL PERMITS › Section 129-7-003

Current through June 17, 2024
The public notice of the draft general permit will contain:
003.01 Name, address, and telephone number of
  the Department;
003.02 A brief
  description of the activities and/or operations addressed by the
  permit;
003.03 A statement of the
  criteria for a source to qualify for coverage under the general
  permit;
003.04 A brief description
  of the comment procedures and the time and place of any hearing if already
  scheduled, including the procedures to request a hearing, unless a hearing has
  already been scheduled, and other procedures by which the public may
  participate in the final general permit decision; and
003.05 The name, address, and telephone
  number of the person from whom interested persons may obtain further
  information, and inspect and copy forms and related documents.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 7 - GENERAL PERMITS › Section 129-7-004

Current through June 17, 2024
Any interested person will have thirty (30) days from issuance of the
	 public notice to provide the Director with any written comments concerning the
	 draft general permit or request a public hearing in writing. The Director may
	 extend the thirty (30) day period.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 7 - GENERAL PERMITS › Section 129-7-005

Current through June 17, 2024
If any written comment received during the public comment period raises
	 substantial issues concerning the draft general permit, the Director may revise
	 the draft general permit and issue a public notice on the revised draft general
	 permit pursuant to Chapter 10.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 7 - GENERAL PERMITS › Section 129-7-006

Current through June 17, 2024
Following the close of the public comment period and any public
	 hearing, the Director may issue a general permit.
006.01 For a general operating permit, the
  Director will include:
006.01A All applicable
  requirements pertinent to Class I operating permits, if the source category
  includes Class I sources; or
006.01B All applicable requirements pertinent
  to Class II operating permits, if the source category includes Class II
  sources.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 7 - GENERAL PERMITS › Section 129-7-007

Current through June 17, 2024
The owner of a source seeking coverage under a general permit will
	 apply to the Department for coverage under the terms of the applicable general
	 permit. Each application will include all information necessary to determine
	 qualification for, and to assure compliance with, the applicable general
	 permit. The Department may request additional information as necessary. The
	 owner of a source seeking coverage under a general permit is to apply by
	 submitting in a manner prescribed by the Department:
007.01 An application in accordance with
  Chapter 6 for a general operating permit; or
007.02 An application, along with the
  appropriate application fee in accordance with Chapter 3, for a general
  construction permit.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 7 - GENERAL PERMITS › Section 129-7-010

Current through June 17, 2024
The owner of a source that obtains general permit coverage may be
	 subject to enforcement action for operation without a Class I or Class II
	 operating permit or a construction permit if the source is later determined not
	 to qualify for the terms and conditions of the general permit.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 7 - GENERAL PERMITS › Section 129-7-011

Current through June 17, 2024
If some, but not all of a source's operations, activities, and
	 emissions are eligible for coverage under one or more general permits, the
	 owner may apply for coverage under one or more general permits for the
	 operations, activities, and emissions that are so eligible. In such a case, the
	 permit applicant will identify all operations, activities, and emissions that
	 are subject to general permits or permits-by-rule. The Class I or Class II
	 operating permit or construction permit will identify any general permits or
	 permits-by-rule which have been issued or approved.