reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 7 - GENERAL PERMITS › Section 129-7-012

Current through June 17, 2024
The Department will incorporate general permit coverage requirements
	 into any subsequent construction permit, operating permit, or operating permit
	 renewal that the source applies for as determined appropriate by the
	 Department. If the general permit coverage requirements are incorporated into a
	 construction permit, operating permit, or operating permit renewal, then the
	 general permit coverage will expire with issuance of the permit or permit
	 renewal without any further action needed by the Department.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 8 - PERMITS-BY-RULE › Section 129-8-001 - General Provisions

Current through June 17, 2024
This chapter applies to any source approved by the Department for
	 coverage under a permit-by-rule before January 1, 2022. A permit-by-rule as
	 described in this chapter will not be available to any source that has not been
	 approved for coverage by the Department prior to January 1, 2022.
001.01 The permit-by-rule provisions do not
  supersede any applicable federal regulations such as New Source Performance
  Standards.
001.02 Records will be
  collected and maintained as described for each applicable permit-by-rule and
  retained for a period of not less than five years and will be made available to
  the Department upon request.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 8 - PERMITS-BY-RULE › Section 129-8-002 - Construction Permits

Current through June 17, 2024
Any source approved for coverage under a permit-by-rule will be
	 considered to have fulfilled the owner or operator's duty to obtain a
	 construction permit under this Title, unless required to do so elsewhere under
	 this Title or the Act. Compliance with the permit-by-rule, will take precedence
	 over requirements of previously issued construction permits applicable solely
	 to the approved source, except for provisions in Sections 002.01 and
	 002.02.
002.01 The permit-by-rule
  provisions of this chapter may not supersede more stringent requirements which
  are contained in previously issued construction permits, unless, subject to
  Department approval, a site specific technical demonstration is submitted which
  shows that these more stringent requirements are unnecessary to protect the
  NAAQS or PSD increment.
002.02 The
  permit-by-rule provisions of this chapter may not supersede requirements to
  limit a source's potential to emit which are contained in previously issued
  construction permits, unless the owner or operator can demonstrate that there
  was no applicable regulation in effect or condition to limit the source's
  potential to emit in the previously issued construction permits.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 8 - PERMITS-BY-RULE › Section 129-8-003 - Operating Permits

Current through June 17, 2024
Any source approved for coverage under a permit-by-rule will be
	 considered to have fulfilled the duty to obtain an operating permit under this
	 Title, unless required to do so elsewhere under this Title, the State Act, or
	 the Act, except for provisions in Sections 003.01 and 003.02.
003.01 The permit-by-rule provisions of this
  chapter may not supersede more stringent requirements which are contained in
  previously issued operating permits, unless a site specific technical
  demonstration is submitted which shows that these more stringent requirements
  are unnecessary to protect the NAAQS or PSD increment.
003.02 The permit-by-rule provisions of this
  chapter may not supersede conditions to limit a source's potential to emit
  which are contained in previously issued operating permits, unless the owner or
  operator can demonstrate that there was no regulation or condition to limit the
  source's potential to emit in the previously issued operating
  permits.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 8 - PERMITS-BY-RULE › Section 129-8-004 - Temporary Sources

Current through June 17, 2024
Temporary sources approved to construct and operate under a
	 permit-by-rule will:
004.01 Notify the
  Director at least 20 calendar days in advance of each change in location by
  providing the information required by Chapter 6, Section 004.02B.
004.01A If the proposed location is in
  Lancaster County, the source will also notify the Air Quality Program of the
  Lincoln-Lancaster County Health Department at least 20 days in advance of the
  proposed change. A separate permit from the local air quality agency may be
  required pursuant to the regulations in effect in the local agency jurisdiction
  prior to relocation.
004.01B If the
  proposed location is in the jurisdictional area of the City of Omaha, the
  source will also notify the Omaha Air Quality Control Agency at least 20 days
  in advance of the proposed change. A separate permit from the local air quality
  agency may be required pursuant to the regulations in effect in the local
  agency jurisdiction prior to relocation.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 8 - PERMITS-BY-RULE › Section 129-8-005 - Duty to Comply

Current through June 17, 2024
Each source approved for coverage under a permit-by-rule will comply
	 with all the sections of this chapter applicable to the source. Any
	 non-compliance with the permit-by-rule constitutes a violation of the State Act
	 and the Act, and is grounds for enforcement action; for requiring permits under
	 Chapters 3 and/or 6; or for disapproving of the Notice of Intent to construct
	 and/or operate under the permit by rule.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 8 - PERMITS-BY-RULE › Section 129-8-006 - Compliance with Other Applicable Requirements

Current through June 17, 2024
Compliance with the provisions of this chapter does not shield the
	 owner or operator from the duty to comply with any other applicable requirement
	 under this Title, the State Act, or the Act not specifically addressed in this
	 chapter.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 8 - PERMITS-BY-RULE › Section 129-8-007 - Duty to Provide Requested Information

Current through June 17, 2024
Additional information, such as an annual emissions inventory as
	 specified in Chapter 11, or information necessary to determine applicability or
	 to determine that emissions from the source in conjunction with all other
	 sources will not prevent attainment or maintenance of the ambient air quality
	 standards specified in Chapter 2, will be provided upon Department
	 request.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 8 - PERMITS-BY-RULE › Section 129-8-008 - Annual Certifications of Compliance

Current through June 17, 2024
Sources approved for coverage under a permit-by-rule will complete and
	 submit to the Department an annual certification of compliance on forms
	 acceptable to the Department by March 31.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 8 - PERMITS-BY-RULE › Section 129-8-009 - Certifications

Current through June 17, 2024
Each Notice of Intent Form, copy of records, annual emissions
	 inventory, annual certification of compliance statements or other information
	 submitted to the Department pursuant to this chapter will contain a
	 certification signed by a responsible official, stating that, based on
	 information and belief formed after reasonable inquiry, the information
	 provided is true, accurate, and complete.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 8 - PERMITS-BY-RULE › Section 129-8-010 - Permit-by-Rule for Hot Mix Asphalt Plants

Current through June 17, 2024
For purposes of this regulation, a hot mix asphalt plant is a facility
	 that is comprised of any combination of the following: generators; heaters;
	 dryers; systems for screening, handling, storing, and weighing hot aggregate;
	 systems for loading, transferring, and storing aggregate materials; systems for
	 mixing hot mix asphalt; and associated emission control systems. Hot mix
	 asphalt plants approved to be constructed or operated pursuant to the
	 provisions of this chapter will comply with Sections 001 through 009 above and
	 each of the following:
010.01 The
  owner or operator will use an air emissions computation program provided by the
  Department to establish hourly production limits and hourly generator
  combustion limits as described in Sections 010.03C and 010.05. Upon receipt of
  these files, the Department will use the submitted data to run an ambient air
  quality dispersion model to determine hourly limits that comply with the NAAQS.
  The source will comply with these limits.
010.02 Upon relocation of a temporary source,
  the owner or operator will use the parameters of the new site as input for an
  air emissions computation program provided by the Department. A responsible
  official for the source will certify the output files generated by the air
  emissions computation program and submit them to the Department for
  establishment of hourly limits as described in Section 010.01.
010.03 Production Limits.
010.03A For batch mix asphalt plants, the
  production of asphalt will not exceed a maximum rate of 250,000 tons per
  calendar month and 400,000 tons per consecutive 12 calendar months.
010.03B For drum mix asphalt plants, the
  production of asphalt will not exceed a maximum rate of 500,000 tons per
  calendar month and 850,000 tons per consecutive 12 calendar months.
010.03C The owner or operator will use an air
  emissions computation program provided by the Department to establish the plant
  capacity on a ton-per-hour basis. The Department will use the data provided by
  the owner or operator in a dispersion model to establish production limits that
  are in compliance with the NAAQS.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 8 - PERMITS-BY-RULE › Section 129-8-011 - Permit-by-Rule for Small Animal Incinerators

Current through June 17, 2024
For purposes of this regulation, a small animal incinerator has a
	 maximum design burning capacity of 200 lbs/hr, is used to burn animal remains
	 and is comprised of a dual-chamber design, consisting of a primary charging
	 chamber and a secondary chamber (or afterburner) with burners located in each
	 chamber. The minimum stack height is seven feet above ground. Small animal
	 incinerators approved to be constructed or operated pursuant to the provisions
	 of this chapter will comply with Sections 001 through 009 above, Chapter 14,
	 Sections 001 through 006, and each of the following.
011.01 Production Limits. Limits on
  incineration may not exceed the incineration rate, in lbs/hr, specified by the
  manufacturer, as measured by using the following:
011.01A Where the weight of the load is
  estimated, the incineration period will last for the maximum duration in hours
  specified by the manufacturer for a full load.
011.01B Where the weight of the load is
  known, the incineration period will be at least an amount of time equivalent to
  the weight of the load, in pounds, divided by the manufacturer's design
  incineration rate in lbs/hr.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 9 - PERMIT REVISIONS; REOPENING FOR CAUSE › Section 129-9-001 - Administrative permit amendments

Current through June 17, 2024
001.01 An
  "administrative permit amendment" is a permit revision that:
001.01A Corrects typographical
  errors;
001.01B Identifies a change
  in the name, address, or telephone number of any person identified in the
  permit, provided that the owner or operator of the source is not
  changed;
001.01C Requires more
  frequent monitoring or reporting by the source;
001.01D Allows for a change in ownership or
  operational control of a source where the Department determines that no other
  change in the permit is necessary, when the following conditions are met:
001.01D1 A written agreement containing a
  specific date for transfer of permit responsibility, coverage, and liability
  between the current and new source has been submitted to the Department;
  or
001.01D2 A written certification
  is provided to the Department from the new owner or operator which states
  acceptance of all active permits as issued in cases where the previous owner(s)
  cannot be located or are not in existence.
001.01E For PAL permits, corrects
  typographical and calculation errors.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 9 - PERMIT REVISIONS; REOPENING FOR CAUSE › Section 129-9-003 - Minor Permit Revisions

Current through June 17, 2024
003.01 For minor
  permit revisions of Class I and Class II operating permits, the requirements of
  40 CFR § 70.7(e)(2)(i) will apply.
003.02 The minor permit revision procedures
  of this section may be used for construction permit revisions provided the
  following conditions are met:
003.02A No
  emission limit in the original construction permit is exceeded.
003.02B No applicable requirement included in
  an operating permit to which the source is subject is violated.
003.02C No emissions limit, equipment or
  operational standard applicable to the source will be exceeded.
003.02D 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
003.02E The nature of the
  constructed facility will be consistent with that described in the original
  public notice materials.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 9 - PERMIT REVISIONS; REOPENING FOR CAUSE › Section 129-9-004

Current through June 17, 2024
Group processing of minor operating permit revisions will occur
	 pursuant to 40 CFR § 70.7(e)(3)(i, ii, iv, v, and vi).
004.01 For Class I permit revisions, the
  Department will require one original and one copy of completed forms for use in
  notifying the Administrator of EPA, affected States, and TAS.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 9 - PERMIT REVISIONS; REOPENING FOR CAUSE › Section 129-9-005 - Significant Permit Revisions

Current through June 17, 2024
005.01 A source may
  request a significant permit revision by submitting the application forms and
  information in accordance with Chapter 6 for operating permit revisions or
  Chapter 3 for construction permit revisions.
005.02 The Department will review an
  application for a significant permit revision following the applicable
  procedures for permit issuance, including public participation, EPA and
  affected States review.
005.03 For
  Class I operating permits, the permit shield described in Chapter 6 will apply
  to a significant permit revision only after the Director approves the permit
  revision, provided that the permit being revised contains a permit
  shield.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 9 - PERMIT REVISIONS; REOPENING FOR CAUSE › Section 129-9-006 - Reopening for cause; revocation and reissuance; and termination

Current through June 17, 2024
006.01 Any operating or construction permit
  issued by the Director will be reopened, revoked and reissued, or terminated
  pursuant to the standards in 40 CFR § 70.7(f)(1). Administrator, as used
  in 40 CFR § 70.7(f)(1)(ii) and 40 CFR § 70.7(f)(1)(iv), means
  Administrator of EPA.
006.02 A
  permit may be revoked during its term for cause, including but not limited to:
006.02A The existence at the source of
  unresolved noncompliance with applicable requirements or a term or condition of
  the permit, and refusal of the source to agree to an enforceable schedule of
  compliance to resolve the noncompliance;
006.02B The source has falsely certified or
  submitted false, incomplete, or misleading information to the Department or
  EPA;
006.02C The Director
  determines that the permitted source or activity endangers human health or the
  environment and that the danger cannot be removed by a revision of the permit;
  or
006.02D The source has failed to
  pay a penalty owed pursuant to a court order, stipulation and agreement, or an
  order issued by the Administrator of EPA.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 9 - PERMIT REVISIONS; REOPENING FOR CAUSE › Section 129-9-007 - Changes allowed for Class I and Class II operating permits only

Current through June 17, 2024
007.01 A source may make the following
  changes within a permitted facility without a permit revision pursuant to 40
  CFR § 70.4(b)(12), provided the change is not a modification under
  Chapters 12 or 13, or the change does not require a construction permit under
  Chapters 3 or 4. Administrator, as used in 40 CFR § 70.4(b)(12), means
  Administrator of EPA.
007.01A For Class I
  sources, the written notifications above will also be submitted to the
  Administrator of EPA.
007.01B
  Notwithstanding any other part of this rule, the Director may, upon review of a
  notice submitted in accordance with 007.01, require a source to apply for an
  operating permit if the change does not meet the requirements of Section
  007.01.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 10 - PERMITS - PUBLIC PARTICIPATION › Section 129-10-001 - Scope

Current through June 17, 2024
Except for modifications qualifying for administrative or minor permit
	 revision s in Chapter 9, all Class I and Class II operating permit proceedings,
	 including initial permit issuance, significant modifications, and renewals, and
	 unless otherwise provided by rule, all construction permit proceedings, will
	 provide for public notice, an opportunity for comment, and an opportunity to
	 request a public hearing pursuant to Nebraska Administrative Code Title 115 -
	 Rules of Practices and Procedures.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 10 - PERMITS - PUBLIC PARTICIPATION › Section 129-10-002 - Public Hearings

Current through June 17, 2024
002.01 The
  applicant, any affected State or TAS, any interstate agency, the Administrator,
  or any interested agency, person, or group, may request or petition the
  Director, in writing, within the 30 day comment period of the public notice,
  for a public hearing, and state the nature of the issues to be raised and all
  arguments and factual grounds supporting their position.
002.02 The Director may hold a public hearing
  if the comments, requests, or petitions raise legal, policy or discretionary
  questions of general application not pertaining solely to a particular party
  and significant public interest exists with respect to the
  application.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 10 - PERMITS - PUBLIC PARTICIPATION › Section 129-10-003 - Public notice of hearing

Current through June 17, 2024
In addition to the public notice described in 001 above, the public
	 notice of a hearing under 002 will be published according to the procedures of
	 001 and include the following additional information:
003.01 Reference to the date of the previous
  notices relating to the permit;
003.02 Date, time, and place of
  hearing;
003.03 A brief description
  of the nature and purpose of the hearing, including the applicable rules and
  procedures; and
003.04 A concise
  statement of the issues raised.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 10 - PERMITS - PUBLIC PARTICIPATION › Section 129-10-004

Current through June 17, 2024
At the time that any final permit decision is issued, the Department
	 will issue a response to significant comments received during the comment
	 period and public hearing. The response to comments will be made available to
	 the public.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 10 - PERMITS - PUBLIC PARTICIPATION › Section 129-10-005

Current through June 17, 2024
The Department will make and keep a record of the commenters and of the
	 issues raised during the public participation process. This record will be made
	 available to the Administrator of EPA in fulfillment of the obligation under
	 Section 505(b)(2) of the Act to determine whether a citizen petition may be
	 granted. Such record will also be available to the public.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 10 - PERMITS - PUBLIC PARTICIPATION › Section 129-10-006

Current through June 17, 2024
The Department will notify the applicant in writing of the final
	 determination and make such notification available for public inspection at the
	 same location where the Department made available preconstruction information
	 and public comments related to the source.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 11 - EMISSIONS REPORTING, WHEN REQUIRED › Section 129-11-001 - Annual emissions inventory

Current through June 17, 2024
Every source subject to a permit requirement under Chapters 3 or 6 will
	 complete and submit to the Department an annual emissions inventory, if
	 requested, on forms furnished by or acceptable to the Department by March 31,
	 and will include emission information for the previous calendar year. This
	 requirement applies whether or not a permit application has been filed or a
	 permit issued. The inventory form will be certified in accordance with the
	 requirements found at 40 CFR § 70.5(d).
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 11 - EMISSIONS REPORTING, WHEN REQUIRED › Section 129-11-002

Current through June 17, 2024
The annual emissions inventory form will include the following
	 information:
002.01 The source's name,
  description, mailing address, e-mail address, contact person and contact
  person's phone number, and physical address and location, if different than the
  mailing address.
002.02 A
  description of the existing (or proposed) facilities, modifications or
  operations including all processes employed; normal hours of operation; the
  nature and amounts of fuel and other materials involved; the probable nature,
  rate of discharge, and time duration of contaminant emissions; any other
  information relevant to air pollution control and available or capable of being
  assembled in the normal course of operation; and, if requested by the Director,
  ambient air quality and meteorological data.
002.03 The actual quantity of emissions,
  including documentation of the method of measurement, calculation or
  estimation, of:
002.03A Any single regulated
  air pollutant, not including any hazardous air pollutants as defined in Chapter
  1, in a quantity greater than one ton.
002.03B Any single regulated hazardous air
  pollutant in a quantity greater than the reporting level listed in Appendix I
  of this Title.
002.03C Any
  combination of hazardous air pollutants in a quantity greater than 2.5
  tons.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 11 - EMISSIONS REPORTING, WHEN REQUIRED › Section 129-11-003

Current through June 17, 2024
Actual emissions as defined in Chapter 1 will be calculated using one
	 of the following methods, as appropriate, and subject to Department
	 approval:
003.01 Source-specific
  emissions.
003.01A Any test method or
  procedure identified in Chapter 15.
003.01B Continuous emission monitor (CEM)
  data, provided that:
003.01B1 The CEM
  operation is, and has been for the reporting period, in compliance with all
  applicable requirements and applicable requirements under the Act;
003.01B2 The total operating time of the
  applicable emission unit and the CEM are included in the inventory report;
  and
003.01B3 The report includes an
  explanation of how the emissions were calculated using CEM data.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 12 - NEW SOURCE PERFORMANCE STANDARDS AND EMISSION LIMITS FOR EXISTING SOURCES › Section 129-12-002

Current through June 17, 2024
Except as provided in 003 below, standards of performance are
	 applicable only to those new, modified, or reconstructed facilities specified
	 or defined as an "affected facility".
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 12 - NEW SOURCE PERFORMANCE STANDARDS AND EMISSION LIMITS FOR EXISTING SOURCES › Section 129-12-003 - Emission Limits for Existing Stationary Sources

Current through June 17, 2024
Notwithstanding any other provisions of these regulations, the
	 following emission limits are applicable to existing sources as follows:
003.01 Municipal solid waste (MSW) landfills.
  The designated facility to which these limits apply is each existing MSW
  landfill for which construction, reconstruction or modification was commenced
  before May 30, 1991, which has accepted waste at any time since November 8,
  1987, or has additional capacity available for future waste deposition.
003.01A Each designated facility having an
  aggregate design capacity of 2.5 million megagrams or 2.5 million cubic meters
  or more will calculate and report nonmethane organic compound (NMOC) emissions
  as provided for new MSW landfills under Section 001.74 of this Chapter
  beginning 90 days after September 8, 1997.
003.01B Each designated facility having an
  NMOC emission rate of 50 megagrams per year or more will design, install and
  operate a landfill gas collection and control system (LGCCS) as provided for
  new MSW landfills under Section 001.74 of this Chapter. An alternate design
  plan may be approved by the Department provided the source demonstrates that:
003.01B1 Meeting the requirements of Section
  001.74 of this Chapter will result in unreasonable costs of control due to
  plant age, location, or basic process design;
003.01B2 It will be physically impossible to
  install the necessary control equipment needed to meet the requirements of
  Section 001.74 of this Chapter; or
003.01B3 Other factors specific to the
  facility will make application of a less stringent standard significantly more
  reasonable than meeting the requirements of Section 001.74 of this
  Chapter.
003.01C Each
  designated facility subject to the control provisions of 003.01B above will
  submit the LGCCS design for Department review within 1 year of the first report
  in which NMOC emissions equal or exceed 50 megagrams per year, and will install
  the approved LGCCS within 30 months of that report, except as provided under
  Section 001.74 of this Chapter.
003.01D Each designated facility subject to
  the control provisions of 003.01B above will conduct testing, monitoring,
  recordkeeping and reporting for the LGCCS as provided for new MSW landfills
  under Section 001.74 of this Chapter.
003.01D1
  If a source receives approval for an alternate design plan under Section
  003.01B above the Department may also approve alternate testing and monitoring
  procedures for the source, provided the source demonstrates that the testing
  and monitoring requirements in Section 001.74 of this Chapter are not practical
  for the alternate design and that the alternate procedures are adequate to
  determine compliance with the approved alternate design plan.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 13 - HAZARDOUS AIR POLLUTANTS › Section 129-13-001

Current through June 17, 2024
Notwithstanding any other provisions of these regulations, the
	 following "National Emissions Standards for Hazardous Air Pollutants",
	 published at 40 CFR Part 61 effective July 1, 2020, are hereby adopted and
	 incorporated herein:
001.01 Subpart A -
  General Provisions
001.02 Subpart C
  - National Emission Standard for Beryllium
001.03 Subpart D - National Emission Standard
  for Beryllium Rocket Motor Firing
001.04 Subpart E - National Emission Standard
  for Mercury
001.05 Subpart F -
  National Emission Standard for Vinyl Chloride
001.06 Subpart J - National Emission Standard
  for Equipment Leaks (fugitive emission sources) of Benzene
001.07 Subpart L - National Emission Standard
  for Benzene Emissions from Coke By-Product Recovery Plants
001.08 Subpart M - National Emission
  Standards for Asbestos, and the following:
001.08A All asbestos-containing waste covered
  under 40 CFR § 61.144, § 61.145, § 61.146, and § 61.147
  Subpart M will be maintained in an adequate wetted state until disposed of by
  acceptable methods.
001.08B All
  asbestos-containing waste bags will be transparent so that the
  asbestos-containing material (ACM) is visible after packaging.
001.08C Containment projects will use a
  viewing window or windows wherever practical.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 13 - HAZARDOUS AIR POLLUTANTS › Section 129-13-003 - Operational Limits for Area Sources

Current through June 17, 2024
Area sources subject to a standard adopted by reference in Section 002,
	 and specifically referenced in Section 003, may accept operational limits to
	 avoid the requirements associated with operating at the source's maximum design
	 capacity or monthly throughput
003.01
  General Provisions. An owner or operator of a source may apply for coverage
  under this provision if the following criteria are met:
003.01A The Director has established
  operational limitations for the industry category in Section 003.06.
003.01B The responsible official for the
  source certifies that it will comply with the applicable section(s) of this
  Chapter.
003.01C Records are
  collected and maintained as described for each applicable section and retained
  for a period of not less than five years and made available to the Department
  for review upon request.
003.01D A
  source may change its status under Section 003.06 without violating this rule
  by meeting the following requirements:
003.01D1 The owner or operator of the source
  will provide written notification to the Department of the intent to change
  status. The notification will be certified by the responsible official for the
  source; and
003.01D2 The source
  will comply with the requirements for its industry
  category.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 13 - HAZARDOUS AIR POLLUTANTS › Section 129-13-004 - Maximum Achievable Control Technology (MACT)

Current through June 17, 2024
004.01
  Notwithstanding any other provisions of these regulations, Sections 63.70
  through 63.81 of 40 CFR Part 63, Subpart D, effective December 29, 1992,
  pertaining to compliance extensions for early reductions, are hereby adopted
  and incorporated by reference.
004.02 F or new, modified, or reconstructed
  sources of hazardous air pollutants. A permit as required under Section
  001.03A8 of Chapter 3 will be issued for construction, reconstruction, or
  modification of a source with the potential to emit any hazardous air pollutant
  in an amount equal to or in excess of 2.5 tpy or more of any hazardous air
  pollutant or an aggregate of 10.0 tpy or more of any hazardous air pollutants
  only if best available control technology (BACT), as determined by the
  Director, is applied for each hazardous air pollutant and the source will
  comply with all other requirements of these regulations. In no event will
  application of best available control technology result in emissions of any
  pollutant which would exceed the emissions allowed by any applicable standard
  under Chapters 12 or 13.
004.03
  Requirements for new or reconstructed major sources of hazardous air
  pollutants. A permit as required under Section 001.03A8 of Chapter 3 for
  construction or reconstruction of a source with the potential to emit an amount
  equal to or in excess of 10 tpy of any hazardous air pollutant or 25 tpy or
  more of any combination of hazardous air pollutants, will only be issued if
  maximum achievable control technology (MACT), as determined by the Director, is
  applied, and the source is required to comply with all other requirements of
  these regulations.
004.03A For purposes of
  this Section, 40 CFR Part 63, Sections 63.40(b); 63. 41; 63.42(c); 63.43(a),
  (b), and (d); and 63.44, as in effect on July 1, 2020, are hereby adopted and
  incorporated by reference.
004.03B
  Except as provided in 003.01, the provisions and procedures of Chapter 3 and
  004.02 above apply.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 14 - INCINERATORS, EMISSION STANDARDS › Section 129-14-001

Current through June 17, 2024
The provisions of this Chapter apply to all new and existing
	 incinerators except for any incinerator meeting the exemption criteria listed
	 in Sections 001.01 through 001.04 of this Chapter. Incinerators not included in
	 the exceptions listed in Sections 001.01 through 001.04 will comply with
	 construction permit requirements listed in Chapter 3.
001.01 Incinerators located on residential
  premises containing five or less dwelling units and used exclusively for the
  disposal of waste originating on said premises.
001.02 Incinerators used solely for space
  heating.
001.03 Incinerators owned
  and operated by law enforcement agency used solely for the disposal of
  contraband materials obtained during a law enforcement operation.
001.04 Air curtain incinerators subject to
  Chapter 12 Sections 001.75 or 001.76 or which operate in compliance with
  Chapter 15 Section 002.02G6 and combust only wood waste; clean lumber; or a
  mixture that only contains one or more of those two materials and complies with
  Section 007 of this Chapter.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 14 - INCINERATORS, EMISSION STANDARDS › Section 129-14-002

Current through June 17, 2024
No person will cause or permit particulate matter emissions from any
	 incinerator to exceed 0.10 grains per dry standard cubic foot (gr/dscf) of
	 exhaust gas, corrected to seven percent oxygen.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 14 - INCINERATORS, EMISSION STANDARDS › Section 129-14-004

Current through June 17, 2024
Waste burned during performance testing required by Chapter 15 will be
	 representative of the waste normally generated by the affected facility and
	 will be charged at a rate equal to the burning capacity of the incinerator.
	 Copies of any additional operational data recorded during the test will be
	 submitted to the Department together with the completed performance test
	 report.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 14 - INCINERATORS, EMISSION STANDARDS › Section 129-14-005

Current through June 17, 2024
Instructions for proper operation of each incinerator will be posted on
	 site and written certification that each operator has read these instructions,
	 understands them and intends to comply, will be kept on record by the
	 source.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 14 - INCINERATORS, EMISSION STANDARDS › Section 129-14-006

Current through June 17, 2024
Except as provided in Sections 006.01 and 006.02 below, each
	 incinerator will consist of (a) refractory lined combustion furnace(s)
	 employing design parameters necessary for maximum combustion of the materials
	 to be burned, and will be designed to vent the products of combustion through a
	 stack, duct, or chimney.
006.01 An
  alternate design for a new unit may be permitted provided it can be shown that
  the alternative design is at least as effective in controlling pollutant
  emissions as the design criteria of this section.
006.02 An operating permit can be issued for
  an existing unit not meeting the design criteria set forth in Section 006
  above, provided compliance with both Section 002 of this Chapter and the
  visible emission standard in Section 001.06 of Chapter 15 can be
  demonstrated.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 14 - INCINERATORS, EMISSION STANDARDS › Section 129-14-007

Current through June 17, 2024
Air curtain incinerators that meet the requirements of Section 001.05
	 of this Chapter will meet the following requirements:
007.01 Within 60 days after the air curtain
  incinerator reaches the charge rate at which it will operate, but no later than
  180 days after its initial startup, the limitations in Sections 007.01A and
  007.01B will be met:
007.01A The opacity
  limitation is 10 percent (6-minute average), except as described in Section
  007.01B.
007.01B The opacity
  limitation is 35 percent (6-minute average) during the startup period that is
  within the first 30 minutes of operation.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 15 - COMPLIANCE › Section 129-15-001 - Particulate Emissions; Limitations and Standards

Current through June 17, 2024
001.01 No
  person will cause, suffer, allow or permit the emission of particulates from
  any processing machine, equipment, device or other articles, or combination
  thereof, except indirect heating equipment and incinerators, in excess of the
  amounts allowed in Table 15-1 during any one hour.
001.01A Interpolation of the data in Table
  15-1 for process weight rates up to 60,000 lb/hr will be accomplished by use of
  the equation E = 4.10 p.67 and interpolation and
  extrapolation of the data for process weight rates in excess of 60,000 lb/hr
  will be accomplished by use of the equation E = 55.0
  p.11-40, where E = rate of emission in lb/hr and P =
  process weight rate in Tons per Hour (tph). If two or more units discharge into
  a single stack, the allowable emission rate will be determined by the sum of
  all process weights discharging into the single stack.
Table 15-1
Process Weight Rate
Rate of Emissions
Process Weight Rate
Rate of Emissions
lb/hr
tph
lb/hr
lb/hr
tph
lb/hr
100
0.05
0.551
16,000
8.000
16.5
200
0.10
0.877
18,000
9.00
17.9
400
0.20
1.40
20,000
10.
19.2
600
0.30
1.83
30,000
15.
25.2
800
0.40
2.22
40,000
20.
30.5
1,000
0.50
2.58
50,000
25.
35.4
1,500
0.75
3.38
60,000
30.
40.0
2,000
1.00
4.10
70,000
35.
41.3
2,500
1.25
4.76
80,000
40.
42.5
3,000
1.50
5.38
90,000
45.
43.6
3,500
1.75
5.96
100,000
50.
44.6
4,000
2.00
6.52
120,000
60.
46.3
5,000
2.50
7.58
140,000
70.
47.8
6,000
3.00
8.56
160,000
80.
49.0
7,000
3.50
9.49
200,000
100.
51.2
8,000
4.00
10.4
1,000,000
500.
69.0
9,000
4.50
11.2
2,000,000
1,000.
77.6
10,000
5.00
12.0
6,000,000
3,000.
92.7
12,000
6.00
13.6
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 15 - COMPLIANCE › Section 129-15-002 - Open Fires, Prohibitions; Exceptions

Current through June 17, 2024
002.01 No person
  will cause or allow any open fires.
002.02 Exceptions:
002.02A Fires set solely as part of a
  religious activity, for recreational purposes or for outdoor cooking of food
  for human consumption on noncommercial premises, provided no nuisance or hazard
  is created.
002.02B Fires set as
  part of Nebraska Fire Marshal approved training for public or industrial fire
  fighting personnel.
002.02C Fires
  set in the operation of smokeless flare stacks for the combustion of waste
  gases, provided they meet the requirements of Section 001 of this
  Chapter.
002.02D Fires set in an
  agricultural operation where no nuisance or traffic hazard is created. For the
  purpose of this regulation, "fires set in an agricultural operation" means:
002.02D1 The burning of any trees or
  vegetation indigenous to the property of the owner or person in lawful
  possession of the land; and
002.02D2
  The burning of any agriculturally related material that is potentially
  hazardous and where disposal by burning is recommended by the manufacturer.
  Such materials must have been used on the owner's property or person in legal
  possession of the said property.
002.02E 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
  providing no nuisance or traffic hazard is created.
002.02F For the purpose of plant and wildlife
  and parks management, provided such burning is conducted by the Nebraska Game
  and Parks Commission, the United States Forest Service, the University of
  Nebraska, or other groups as determined by the Department.
002.02G 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 Department:
002.02G1 For the purpose of destruction of
  trees, brush and other vegetation removed from road and utility
  right-of-ways.
002.02G2 For the
  purpose of the destruction of trees, brush, vegetation and untreated lumber
  generated as a result of land clearing, and construction activities.
002.02G3 For the purpose of the destruction
  of straw used as a winter insulating cover on agricultural products.
002.02G4 For the purpose of destroying
  untreated wood and trees at community burn sites. Items permitted for burning
  will be kept in a separate location from other materials not allowed to be
  burned.
002.02G5 For the purpose of
  destruction of materials after cleanup from a natural disaster.
002.02G6 In compliance with rules for air
  curtain incinerators in Chapter 14.
002.02H Permits for open fires as specified
  in this regulation will be granted only if there is no other practical means of
  disposal. Any burning of materials not specified in the burning permit may
  result in withdrawal of the permit.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 15 - COMPLIANCE › Section 129-15-003 - Dust; Duty to Prevent Escape of

Current through June 17, 2024
003.01 Handling,
  Transportation, Storing. No person may cause or permit the handling,
  transporting or storage of any material in a manner which may allow particulate
  matter to become airborne in such quantities and concentrations that it remains
  visible in the ambient air beyond the premises where it originates.
003.02 Construction, Use, Repair, Demolition.
  No person may cause or permit a building or its appurtenances or a private
  road, or a driveway, or an open area to be constructed, used, repaired or
  demolished without applying all such reasonable measures to prevent particulate
  matter from becoming airborne so that it remains visible beyond the premises
  where it originates. The Director may impose such reasonable measures as may be
  necessary to prevent particulate matter from becoming airborne, including but
  not limited to paving or frequent cleaning of roads, driveways and parking
  lots; application of dust-free surfaces; application of water; and the planting
  and maintenance of vegetative ground cover.
003.03 Notwithstanding any other provision of
  this section, the Department will not regulate emissions from normal farming
  practices, on-farm crop drying and handling, and animal feeding activities,
  provided that reasonable and practical measures to limit particulate matter
  from such sources are utilized.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 15 - COMPLIANCE › Section 129-15-004 - Compliance; Schedule

Current through June 17, 2024
004.01 Except as
  otherwise noted in specific emission control regulations, compliance with these
  regulations will be according to this section. All new or modified
  installations that required approval under the provisions of Chapter 3 or 6
  will be in compliance with all applicable emission control regulations at
  start-up after the effective date of the applicable emission control
  regulation. Provided, however, such installation may, at the request of the
  operator and under conditions approved by the Department, be operated for such
  specified time periods as are required to make necessary adjustments on the
  equipment. Compliance is demonstrated via conformance with Section 005 of this
  Chapter.
004.02 Compliance
  schedules requiring more than 12 months to conform with applicable rules and
  regulations to meet National Primary and Secondary Ambient Air Quality
  Standards will be subject to interim deadlines established in permits or
  orders.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 15 - COMPLIANCE › Section 129-15-005 - Emission Sources; Testing; Monitoring

Current through June 17, 2024
005.01 The
  Department may require any person responsible for the operation of an emission
  source to make or have tests made to determine the rate of contaminant
  emissions from the source whenever it has reason to believe on the basis of
  estimates of potential contaminant emissions rates from the source and due
  consideration of probable efficiency of any existing control device, or visible
  emission determinations made by an official observer, that existing emissions
  exceed the limitations required in these control regulations. Such tests may
  also be required pursuant to verifying that any newly installed control device
  meets performance specifications. Should the Department determine that the test
  did not represent normal operating conditions or emissions, additional tests
  may be required.
005.02 Required
  tests will be conducted in accordance with the following test methods and
  procedures, as applicable. Administrator, as used in the following appendices,
  means Administrator of EPA.
005.02A 40 CFR
  Part 51, Appendix M
005.02B 40 CFR
  Part 60, Appendices A,B,C,F.
005.02C 40 CFR Part 61, Appendix B.
005.02D 40 CFR Part 63, Appendix A.
005.02E 40 CFR Part 266, Appendix
  IX.
005.02F Test Methods for
  Evaluating Solid Waste, Physical/Chemical Methods, EPA Publication SW-846 (3rd
  Edition) (November 1986) and its Updates I, II, IIA, IIB, III, IIIA, IIIB, IVA,
  IVB, V, and VI.
005.02G Such tests
  will be conducted by qualified individuals. A certified written copy of the
  test results signed by the person conducting the test will be provided to the
  Department within 60 days of completion of the test unless a different period
  is specified in the underlying requirements of an applicable federal
  regulation.