Nebraska Administrative Code
Topic - ENVIRONMENT AND ENERGY
Title 129 - AIR QUALITY REGULATIONS
Chapter 6 - OPERATING PERMITS
Section 129-6-001

Universal Citation: 129 NE Admin Rules and Regs ch 6 ยง 001

Current through March 20, 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.

001.02 Synthetic Minor Source Permits. Any major source or emissions unit required to obtain a Class I permit based on potential emissions with actual emissions below major source levels may request that potential to emit be limited to below the major source threshold, and may apply for a Class II permit, as a synthetic minor, which provides practically enforceable limits to potential emissions.

001.03 Class II Permits. A Class II permit is required for sources that meet any of the following criteria:

001.03A Any source or emissions unit that is not a Part 70 source with actual emissions above the following:
001.03A1 Fifty (50) tpy or more of PM10 emissions.

001.03A2 Fifty (50) tpy or more of SO2 or SO3, or any combination of the two.

001.03A3 Fifty (50) tpy or more of oxides of nitrogen (calculated as NO2).

001.03A4 Fifty (50) tpy or more of volatile organic compounds (VOC).

001.03A5 Fifty (50) tpy or more of carbon monoxide.

001.03A6 Two and one-half (2.5) tpy or more of lead.

001.03A7 Five (5) tpy or more of any hazardous air pollutant or an aggregate of twelve and one-half (12.5) tpy or more of any hazardous air pollutants.

001.03B An incinerator used for refuse disposal or for the processing of salvageable materials except any refuse incinerator located on a residential premise containing five or less dwelling units used only for disposal of residential waste generated on that property.

001.04 Exemptions.

001.04A Any source or emissions unit with potential emissions above major source thresholds and actual emissions below the levels specified in Section 001.03A above will be exempt from the duty to obtain an operating permit under the following conditions, known as the Low Emitter Rule, unless Section 001.03B applies.
001.04A1 The source is not otherwise required to obtain an operating permit;

001.04A2 The source has submitted a demonstration and maintains records on site, updated at least monthly, for the most recent five years that actual emissions for each regulated pollutant do not exceed the levels specified in Section 001.03A above.

001.04A3 Credit for controls which are not required under the provisions of this Title will only be allowed if documentation is maintained that demonstrates that controls were continuously maintained and operated as specified by the manufacturer to achieve the level of efficiency for which credit is sought;

001.04A4 Additional information, such as an annual emissions inventory or information necessary to determine applicability or to determine that emissions from the source in conjunction with all other emissions will not prevent attainment or maintenance of the ambient air quality standards specified in Chapter 2, will be provided upon Department request; and

001.04A5 Compliance with the provisions of this section does not shield the owner or operator from the duty to comply with any other applicable requirement under Title 129, nor shield the owner or operator from enforcement action for the violation of any other applicable requirement under Title 129.

001.05 Source Category Exemptions.

001.05A Source categories exempted under 40 CFR § 70.3(b)(4) will be exempted from obtaining a Class I permit.

001.05B A source required to be covered by an operating permit solely because of the presence of a single engine powered generator where the sole function is to provide back-up power when electrical power from the local utility is interrupted will be exempted from obtaining any operating permit. This exemption does not apply to any peaking unit at an electric utility or to any other generator used when power is available from the utility. For the exempted unit, the source is required to submit a report of hours of operation to the Department upon request and also by the end of the month following any month in which hours of operation for that exempted unit exceeds 500 hours per year.

001.05C All sources and source categories subject only to regulations or requirements under Section 112(r) of the Act.

001.06 Except as provided in Section 008 of this Chapter, a source will not operate after the time that it is required to submit a timely and complete application, except in compliance with a permit issued under an approved operating permit program. If an operating source submits a timely and complete application for permit issuance, or for renewal, the source's failure to have a permit is not a violation of the State Act or Act until the Director takes final action on the permit application, provided that the failure to have a permit is through no fault of or delay by the source. This protection will cease to apply if, subsequent to the completeness determination made pursuant to Section 002, the applicant fails to submit any additional information necessary to process the application within the deadline specified in writing by the Department.

001.07 The submittal of a complete Class I or II operating permit application does not affect or change the requirement that a source have a construction permit.

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