Nebraska Administrative Code
Nebraska Department of Environment and Energy

Title 129 - Air Quality Regulations
Chapter 4 - Prevention Of Significant Deterioration of Air Quality (PSD)
Effective Date of Last Revision: July 15, 2018

001 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).

001.02 “Administrator” means only the EPA Administrator as used in:
001.02A 40 CFR § 52.21(b)(12).

001.02B 40 CFR § 52.21(b)(15)(iii).

001.02C 40 CFR § 52.21(b)(17).

001.02D 40 CFR § 52.21(b)(37)(i).

001.02E 40 CFR § 52.21(b)(43).

001.02F 40 CFR § 52.21(b)(48)(ii)(c).

001.02G 40 CFR § 52.21(b)(50)(i)(b).

001.02H 40 CFR § 52.21(b)(51).

001.02I 40 CFR § 52.21(g).

001.02J 40 CFR § 52.21(i)(6-8).

001.02K 40 CFR § 52.21(l)(2).

001.02L 40 CFR § 52.21(m)(1)(vii - viii).

001.02M 40 CFR § 52.21(o)(3).

001.02N 40 CFR § 52.21(t).

001.02O 40 CFR § Part 52.21(u).

001.03 40 CFR § 52.21(a)(1), Plan Disapproval.

001.04 40 CFR § 52.21(b)(6)(i), Definition of building, structure, facility, or installation is not adopted and incorporated. Notwithstanding the provisions of paragraph 002.18A of Chapter 1, for onshore activities under Standard Industrial Classification (SIC) Major Group 13: Oil and Gas Extraction, all of the pollutant-emitting activities included in Major Group 13 that are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control). Pollutant emitting activities shall be considered adjacent if they are located on the same surface site; or if they are located on surface sites that are located within 1⁄4 mile of one another (measured from the center of the equipment on the surface site) and they share equipment. Shared equipment includes, but is not limited to, produced fluids storage tanks, phase separators, natural gas dehydrators or emissions control devices. Surface site, as used in paragraph, has the same meaning as in 40 CFR 63.761.

001.05 40 CFR § 52.21(q), Public Participation.
002 Sources not subject to PSD review may still require a construction permit pursuant to provisions in Chapter 3.

003 Baseline Actual Emissions (BAE).
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.
003.02 Other methodologies or a different order of preference of methodologies than those listed in 003.01 may be used to calculate the BAE with prior concurrence of the Department.
004 Exclusions from increment consumption. The concentrations listed in 40 CFR § 51.166(f)(1)(iii) through (v) will be excluded in determining compliance with a maximum allowable increase.

005 Notification to permit applicants and public:
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.

006 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.

Enabling Legislation: Neb. Rev. Stat. § 81-1504(1)(2), 81-1505(12)