Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Appendix II - AIR POLLUTION EMERGENCY EPISODES

Current through June 17, 2024
1.0
EMERGENCY EMISSION REDUCTION REGULATIONS
The following action plan defines the actions that shall be taken by
	 the general populace and by specific point sources to prevent the excessive
	 buildup of air pollutant concentrations.
1.1
ALERT LEVEL
(a) General
(1) There shall be no open burning by any persons of tree waste,
	 vegetation, refuse, or debris in any form.
(2) The use of incinerators for the disposal of any form of solid waste
	 shall be limited to the hours between 12:00 noon and 4:00 p.m.
(3) Persons operating fuel-burning equipment which require boiler
	 lancing or soot blowing shall perform such operations only between the hours of
	 12:00 noon and 4:00 p.m.
(4) Persons operating motor vehicles shall eliminate all unnecessary
	 operations.
(b) Source Curtailment
(1) Any person responsible for the operation of a source of air
	 pollutants listed below shall take all required control actions for this Alert
	 level.
Source of Air Pollution
Control Actions
(1) Coal or oil-fired electric power generating
				  facilities
a. Substantial reduction by utilization of fuel having low
				  ash and sulfur content.
b. Maximum utilization of midday (12:00 noon to 4:00 p.m.)
				  atmospheric turbulence for boiler lancing and soot blowing.
c. Substantial reduction by diverting electric power
				  generation to facilities outside of Alert Area.
(2) Coal and oil-fired process steam generating
				  facilities
a. Substantial reduction by utilization of fuels having low
				  ash and sulfur content.
b. Maximum utilization of midday (12:00 noon to 4:00 p.m.)
				  atmospheric turbulence for boiler lancing and soot blowing.
c. Substantial reduction of steam load demands consistent
				  with continuing plant operations.
(3) Manufacturing industries of the following classification:
				  Primary Metals Industry Petroleum Refining Operations Chemical Industries
				  Mineral Processing Industries Paper and Allied Products Grain
				  Industry
a. Substantial reduction of air pollutants from manufacturing
				  operations by curtailing, postponing, or deferring production and all
				  operations.
b. Maximum reduction by deferring trade waste disposal
				  operations which emit solid particles, gas vapors or malodorous
				  substances.
c. Maximum reduction of heat load demands for
				  processing.
d. Maximum utilization of midday (12:00 noon to 4:00 p.m.)
				  atmospheric turbulence for boiler lancing and soot blowing.
1.2
WARNING LEVEL
(a) General
(1) There shall be no open burning by any person of tree waste,
	 vegetation, refuse, or debris in any form.
(2) The use of incinerators for the disposal of any form of solid waste
	 or liquid waste shall be prohibited.
(3) Persons operating fuel-burning equipment which requires boiler
	 lancing or soot blowing shall perform such operations only between the hours of
	 12:00 noon and 4:00 p.m.
(4) Persons operating motor vehicles must reduce operations by the use
	 of car pools and increased use of public transportation and elimination of
	 unnecessary operation.
(b) Source Curtailment
(1) Any person responsible for the operation of a source of air
	 pollution listed below shall take all required control actions for this warning
	 level.
Source of Air Pollution
Control Action
(1) Coal or oil-fired electric power generating
				  facilities
a. Maximum reduction by utilization of fuels having lowest
				  ash and sulfur content.
b. Maximum utilization of midday (12:00 noon to 4:00 p.m.)
				  atmospheric turbulence for boiler lancing and soot blowing.
c. Maximum reduction by diverting electric power generation
				  to facilities outside of Warning Area.
(2) Coal or oil-fired process steam generating
				  facilities
a. Maximum reduction by utilization of fuels having the
				  lowest available ash and sulfur content.
b. Maximum utilization of midday (12:00 noon to 4:00 p.m.)
				  atmospheric turbulence for boiler lancing and soot blowing.
c. Making ready for use a plan of action to be taken if an
				  emergency develops.
(3) Manufacturing industries which require considerable lead
				  time for shut-down including the following classifications:
Petroleum Refining
Chemical Industries
Primary Metals Industries
Grain Industries
Paper and Allied Products
a. Maximum reduction of air contaminants from manufacturing
				  operations by, if necessary, assuming reasonable economic hardships by
				  postponing production and allied operation.
b. Maximum reduction by deferring trade waste disposal
				  operations which emit solid particles, gases, vapors, or malodorous
				  substances.
c. Maximum reduction of heat load demands for
				  processing.
d. Maximum utilization of midday (12:00 noon to 4:00 p.m.)
				  atmospheric turbulence for boiler lancing and soot blowing.
(4) Manufacturing industries which require relatively short
				  lead times for shutdown including classifications:
Petroleum Refining
Chemical Industries
Primary Metals Industries
Grain Industries
Paper and Allied Products
a. Elimination of air pollutants from manufacturing
				  operations by ceasing, curtailing, postponing, or deferring production and
				  allied operations to the extent possible without causing injury to persons or
				  damage to equipment.
b. Elimination of air pollutants from trade waste disposal
				  processes which emit solid particles, gases, vapors, or malodorous
				  substances.
c. Maximum reduction of heat Load demands for processing.
				  demands for processing.
d. Maximum utilization of midday (12:00 noon to 4:00 p.m.)
				  atmospheric turbulence for boiler lancing or soot blowing.
1.3
EMERGENCY LEVEL
(a) General
(1) There shall be no open burning by any persons of tree waste,
	 vegetation, refuse, or debris in any form.
(2) The use of incinerators for the disposal of any form of solid or
	 liquid waste shall be prohibited.
(3) All places of employment described below shall immediately cease
	 operations:
a. Mining and quarrying of non-metallic minerals.
b. All construction work except that which must proceed to avoid
	 emergent physical harm.
c. All manufacturing establishments except those required to have in
	 force an air pollution emergency plan.
d. All wholesale trade establishments; i.e. places of business
	 primarily engaged in selling merchandise to retailers, or industrial,
	 commercial, institutional or professional users, or to other wholesalers, or
	 acting as agents in buying merchandise for or selling merchandise to such
	 persons or companies, except those engaged in the distribution of drugs,
	 surgical supplies and food.
e. All offices of local, county and state government including
	 authorities, joint meetings, and other public bodies excepting such agencies
	 which are determined by the chief administrative officer of local, county or
	 state government, authorities, joint meetings and other public bodies to be
	 vital for public safety and welfare and the enforcement of the provisions of
	 this order.
f. All retail trade establishments except pharmacies, surgical supply
	 distributors, and stores primarily engaged in the sale of food.
g. Banks, credit agencies other than banks, securities and commodities
	 brokers, dealers, exchanges and services; offices of insurance carriers, agents
	 and brokers, real estate offices.
h. Wholesale and retail laundries, laundry services and cleaning and
	 dyeing establishments; photographic studios; beauty shops, barber shops, shoe
	 repair shops.
i. Advertising offices, consumer credit reporting, adjustment and
	 collection agencies; duplicating, addressing, blueprinting, photocopying,
	 mailing, mailing list and stenographic services, equipment rental services,
	 commercial testing laboratories.
j. Automobile repair, automobile services, garages.
k. Establishments rendering amusement and recreational services
	 including motion picture theaters.
l. Elementary and secondary schools, colleges, universities,
	 professional schools, junior colleges, vocational schools, and public and
	 private libraries.
(4) All commercial and manufacturing establishments not included in
	 this order will institute such actions as will result in maximum reduction of
	 air pollutants from their operation by ceasing, curtailing, or postponing
	 operations which emit air pollutants to the extent possible without causing
	 injury to persons or damage to equipment.
(5) The use of motor vehicles is prohibited except in emergencies with
	 the approval of local or state police.
(b) Source Curtailment
(1) Any person responsible for the operation of a source of air
	 pollutants listed below shall take all required control actions for this
	 Emergency level.
Source of Air Pollution
Control Action
(1) Coal or oil-fired electric power generating
				  facilities
a. Maximum reduction by utilization of fuels having lowest
				  ash and sulfur content.
b. Maximum utilization of midday (12:00 noon to 4:00 p.m.)
				  atmospheric turbulence for boiler lancing and soot blowing.
c. Maximum reduction by diverting electric power generation
				  to facilities outside of Emergency Area.
(2) Coal or oil-fired process steam generating
				  facilities
a. Maximum reduction by steam generating facilities reducing
				  heat and steam demands to absolute necessities consistent with preventing
				  equipment damage.
b. Maximum utilization of midday (12:00 noon to 4:00 p.m.)
				  atmospheric turbulence for boiler lancing and soot blowing.
c. Taking the action called for in the emergency
				  plan.
(3) Manufacturing industries of the following
				  classifications:
Primary Metals Industries
Petroleum Refining
Chemical Industries
Mineral Processing Industries
Grain Industries
Paper and Allied Products
a. Elimination of air pollutants from manufacturing
				  operations by ceasing, curtailing, postponing or deferring production and
				  allied operations to the extent operations to the extent injury to persons or
				  damage to equipment.
b. Elimination of air pollutants from trade waste disposal
				  processes which emit solid particles, gases, vapors, or malodorous
				  substances.
c. Maximum reduction of heat load demands for
				  processing.
d. Maximum utilization of midday (12:00 noon to 4:00 p.m.)
				  atmospheric turbulence for boiler lancing or soot blowing.
1.4
MAJOR POINT SOURCES EMERGENCY REDUCTION PLAN
Any source of air pollution shall submit within thirty days of request
	 by the Department, or delegated local air agencies, a plan designed to reduce
	 or eliminate the emission of air pollutants in accordance with the objectives
	 specified in Sections 1.1, 1.2, and 1.3. Each such plan shall be subject to
	 review and approval by the Department. If, in the opinion of the Department or
	 delegated agency, a submitted plan does not effectively carry out the
	 objectives specified, the Department or agency may disapprove it, state reasons
	 for disapproval and require preparation of an amended/revised plan within a
	 specified time period.
(a) Plan Description
Each plan shall be submitted in writing, shall identify the emitted
	 pollutants, shall state the approximate amount (percentage) of expected
	 reduction of pollutants and shall briefly describe the manner, method or
	 technology employed to achieve the reduction during each severity level of an
	 episode. Each plan, when approved by the Department, is (becomes) legally
	 enforceable. During declared episodic conditions, a copy of the plan for a
	 given source shall be made available on source premises to any person(s)
	 authorized to enforce the provisions of the plan.
(b) Emergency Reduction Plans will be obtained from point sources
	 within one (1) year after submission of this Plan. These will be submitted in
	 semi-annual progress reports until such legally enforceable schedules are
	 obtained from all point sources.
2.0
COMMUNICATION AND CONTROL PROCEDURES
The following paragraphs are designed to "stand alone" as a "Manual of
	 Operation". It should be distributed as required to individuals as designated
	 by the Director.
2.1
COMMUNICATIONS
The Nebraska Emergency Management Agency (NEMA) was created and
	 charged by Nebraska State Statute Section 81-829.31, Sections 81-829.36 to
	 81.829.75 to respond to emergencies within Nebraska. Amongst other duties, NEMA
	 is responsible for providing an emergency management system and coordination of
	 emergency response and recovery activities by agencies and officers of this
	 state. NEMA is the primary agency for maintaining and coordinating the
	 communications between and among the various public, state, and federal
	 agencies; the National Weather Service; hospital and medical facilities;, the
	 emitting sources, the air quality monitoring station;, and news media. Control
	 of the system is focused in the State Emergency Operations Center (SEOC)
	 located at NEMA headquarters in Lincoln, Nebraska.
2.1.1
REQUIREMENTS
Communication facilities of the EAS are provided by the Northwestern
	 Bell Telephone Company and the Teletype Network established by the Weather
	 Bureau. Unlisted number telephone lines will be made available in the EAC to
	 allow access to the center only by authorized members of the System. This will
	 preclude tying up the center phones with non-essential traffic.
(a) Meteorological Information
NEMA will coordinate with the National Weather Service for any
	 necessary meteorological information, and information input at the SEOC, and
	 provide that to agencies under an electronic reporting system (e.g. Knowledge
	 Center or the electronic reporting system in use at time of emergency).
(b) Air Quality Information
The normal reporting frequency of the various stations in the Nebraska
	 Ambient Air Monitoring Network is accelerated when first indications of a
	 possible episode occurrence are recognized.
(c) Directives
Instructions to emitting sources, public agencies, police, and medical
	 facilities will be coordinated through and issued by NEMA in coordination with
	 the Governor and the NDEE as the situation dictates per existing NEMA
	 procedures and protocols under and through the State Emergency Operations Plan
	 in coordination with the various Emergency Support Function agencies
(d) Public Information
The requirement to inform the populace of the situation in case of an
	 episode occurrence, and to direct their appropriate/mandatory responses is met
	 through existing NEMA procedures and protocols as directed by the Governor with
	 the assistance of NDEE under the State Emergency Operations Plan.
(e) Effectiveness Reporting
The need for the SEOC to monitor the effectiveness of abatement
	 actions and to access the adherence to planned strategies of sources is
	 coordinated through the Department (under Emergency Support Function 10 and 12
	 of the State Emergency Operations Plan), supplemented by NEMA as necessary.
	 Reporting of apparent violators or obvious ineffective results will be relayed
	 to the SEOC (by Local Officials, State Officials, Emergency Managers, etc.).
	 Dependent on the circumstances and what is reported, NEMA, will work in
	 coordination with NDEE in acquiring resources to issue instructions to correct
	 the reported deficiency or violation. (NEMA's role is in the collection of
	 resources and directing requests to state and locals to address problems; it
	 has no law enforcement capability as that rests with State Patrol (ESF13 and
	 National Guard ESF15) and the local Emergency Manager(s)).
2.1.2
PROCEDURES
For each of the episode levels - 1.1 Alert Level, 1.2 Warning Level,
	 and 1.3 Emergency Level - the Department will coordinate its required actions,
	 as stated in 1.0 EMERGENCY EMISSION REDUCTION ACTION PLAN above, with NEMA and
	 the State Emergency Operations Center; following existing SOEC procedures and
	 protocols.
(a) When Emergency Support Function #10 (ESF10), Oil and Hazardous
	 Materials Response, is activated, the following operational requests may be
	 made of other NDEE personnel. The extent of the response will vary depending on
	 the scope of the event and the resources that are available with which to
	 respond.
1) Respond to the scene, inform the incident commander (IC) of arrival,
	 and work within the Incident Command System (ICS). Tasks performed will not
	 exceed the scope of Operations Level as described in 29 CFR 1910.120 (OSHA
	 HAZWOPER).
2) After assessing the incident scene, provide technical guidance to
	 the IC concerning immediate response actions in order to minimize threat and
	 impact to public health and safety and the environment.
3) Determine the need for technical assistance from other
	 agencies.
4) Consult with NDEE, DHHS, and/or Agriculture about activation of ESF
	 #10 and coordinate the response by the ESF state agencies.
5) Request activation of the federal Regional Response Team as per the
	 EPA Region 7 Response Plan when necessary.
6) Share with other agencies any available environmental and/or
	 facility information critical to response actions.
7) Following consultation with local and state agencies, determine if
	 environmental variances or waivers are necessary due to the scope of the
	 event.
8) Establish a joint information center and coordinate the flow of
	 information to the public.
9) Coordinate with state PIOs the release of information regarding the
	 incident to the media and public.
10) Provide, either directly or in concert with DHHS and/or NEMA, press
	 releases to the media and public concerning environmental and public health
	 recovery actions, public safety.
11) Provide overall coordination, leadership, assessment, and technical
	 assistance for public health needs for potential or actual events.
12) Supplement local law enforcement and/or Nebraska National Guard
	 efforts to protect public safety and property during an event.
Forecast
Determination of specific actions to be taken during the period of an
	 Episode Forecast involves many factors which will vary with each Forecast
	 situation. Therefore, they cannot be considered in this planned set of
	 procedures. However, some general guides are included below:
1) Although it should not be necessary to put all members of the
	 Emergency Action team on duty during a Forecast situation each member should be
	 notified of the possibility/probability of spending extra duty time should the
	 situation worsen.
2) Selection of emitting sources to be notified should take into
	 consideration the length of lead time each may need to implement their
	 emergency reduction plans.
3) Any press release(s) supporting the declaration statement should
	 emphasize that only a "conservative" response by the public is called
	 for.
Termination
Except for episodes caused by unusually high emissions from one or
	 more specific sources, termination of any level of episode severity will occur
	 only with an improvement in meteorological conditions. The Department will
	 follow NEMA communications and procedures and protocols for declaring a
	 termination.
Episode Reporting
Following termination of an episode of any level of severity, a report
	 must be prepared for the Department Director's signature including:
1) Summary of significant events, including dates and times,
	 identification of difficulties, effectiveness of reduction actions, etc.
2) Summary of estimated costs to:
a) NEMA and SEOC (using electronic reporting, e.g. Knowledge Center
	 system)
b) Other public agencies involved
c) Sources
d) Public response
e) Detrimental health results - casualties, etc.
This report must be submitted to the Environmental Protection Agency
	 Region VII Administrator within ten (10) days of the termination date.