001 Particulate Emissions; Limitations and Standards.
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.
Rate of Emissions
Rate of Emissions
001.02 No person will cause or allow particulate matter caused by the combustion of fuel to be emitted from any stack or chimney into the outdoor atmosphere in excess of the hourly rate set forth in Table 15-2.
Total Heat Input in Million
British Thermal Units Per Hour
Maximum Allowable Emissions of
Particulate Matter in Pounds per
Million British Thermal Units
10 or less
Between 10 and 10,000
I = The total heat input in MMBtu/hr
10,000 or more
001.03 For the purpose of these regulations, the total heat input will be the aggregate heat content of all fuels whose products of combustion pass through a stack or chimney, or the equipment manufacturer's or designer's guaranteed maximum input, whichever is greater. The total heat input of all fuel burning units at a plant or on a premises will be used for determining the maximum allowable amount of particulate matter which may be emitted.
001.04 No person will cause or allow emissions, from any source, which are of an opacity equal to or greater than twenty percent (20%), as evaluated by an EPA-approved method, or recorded by a continuous opacity monitoring system operated and maintained pursuant to 40 CFR Part 60 Appendix B except as provided for in Section 001.05 of this Chapter. Administrator, as used in 40 CFR Part 60 Appendix B, means Administrator of EPA.
001.05A No person will cause or allow emissions from any existing teepee waste wood burner which are of an opacity equal to or greater than forty percent (40%).
001.06 Section 001.01 and 001.02 of this Chapter applies unless a more stringent particulate matter standard is specified in the underlying requirements of an applicable federal regulation, is specified within a construction permit issued pursuant to this Title, or the potential-to-emit is below the rates allowed in Section 001.01 of this Chapter.
001.05B No person will cause or allow emissions from any existing alfalfa dehydration plant dryer which are of an opacity equal to or greater than thirty percent (30%).
001.05C Emission sources subject to monitoring requirements of Section 005.06 of this Chapter are allowed to have one six minute period per hour of not more than twenty seven percent (27%) opacity.
001.05D Incinerators owned and operated by a law enforcement agency to dispose of contraband obtained during a law enforcement operation are exempt from the provisions of this Chapter solely while being used for this purpose.
001.05E An opacity standard applies as specified elsewhere in this Title or an underlying federal regulation.
002 Open Fires, Prohibitions; Exceptions.
002.01 No person will cause or allow any open fires.
002.02A Fires set solely as part of a religious activity, for recreational purposes or for outdoor cooking of food for human consumption on non-commercial premises, provided no nuisance or hazard is created.
002.02B Fires set as part of Nebraska Fire Marshal approved training for public or industrial firefighting 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:
003 Dust; Duty to Prevent Escape of.
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.
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.
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.
004 Compliance; Schedule.
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.
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.
005 Emission Sources; Testing; Monitoring.
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 M005.03 The owner or operator of a source will provide the Department 30 days notice prior to testing to afford the Department an opportunity to have an observer present. The Department may, in writing, approve a notice of less than 30 days. If the testing is pursuant to an underlying requirement contained in a federal regulation, the notice provisions of the underlying regulation apply.
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.
005.04 The Department may conduct tests of emissions of contaminants from any stationary source.
005.04A Upon written request from the Department, the person responsible for the source to be tested will provide the Department with all necessary test ports in stacks or ducts and such other safe and proper facilities, exclusive of instruments and sensing devices, as may be reasonably necessary to conduct the test with due regard being given to expenditures and possible disruption of normal operations of the source.
005.04B A report concerning the findings of such tests will be furnished to the person responsible for the source upon request.
005.05 A continuous monitoring system for the measurement of opacity will be installed and placed in operation by the owner or operator of any fossil fuel-fired steam generator with greater than 250 million BTUs per hour heat input. Exemptions from this requirement will be made if gaseous fuel and oil is the only fuel burned and the source has never been out of compliance with Section 001 of this Chapter. Installation, calibration, operation and reporting will be in accordance with the procedures specified in 40 CFR Part 60. Administrator, as used in 40 CFR Part 60, means Administrator of EPA.
005.06 The Director may require the owner or operator of any other emission source which is subject to the provisions of these regulations to install, use and maintain such monitoring equipment as is necessary to demonstrate continuing compliance with any applicable emissions limitations, and to maintain records and make reports regarding such measured emissions to the Department in a manner and on a schedule to be determined by the Director.
005.07 When a new or modified stationary source becomes operational, the owner or operator will conduct performance tests, if required, within 60 days after reaching maximum capacity but not later than 180 days after the start-up of operations. Failure to meet established performance standards will result in withdrawal of the provisional approval granted to operate the new or modified stationary source. Final approval and issuance of an operating permit will be withheld for operation of the affected facility until such time as the owner or operator has corrected the deficiencies determined by the performance tests. Upon satisfactory accomplishment of a valid series of performance tests, approval for operation of the new or modified stationary source will be granted through issuance of an operating permit in accordance with Chapter 6.
005.08 Notwithstanding any other provisions of this Title, the following methods may be used to determine compliance with applicable requirements:
005.08A A monitoring method approved for the source and incorporated in an operating permit pursuant to Chapter 6;005.09 Predictive Emissions Monitoring System (PEMS) requirements. Where allowed by the Department, the owner or operator of any PEMS used to meet a pollutant monitoring requirement will comply with the following:
005.08B Any compliance test method specified in the State Implementation Plan;
005.08C Any test or monitoring method approved for the source in a permit issued pursuant to Chapters 3, 4, 12, or 13;
005.08D Any test or monitoring method provided for in this Title; or
005.08E Any other test, monitoring, or information-gathering method that produces information comparable to that produced by any method described in Sections 005.08A through 005.08D.
005.09A The PEMS will predict the pollutant emissions in the units of the applicable emission limitations.
005.09B Monitor diluent, either O2 or CO2 when applicable:
005.09B1 Using a CEMS:
005.09C Any PEMS will meet the requirements of 40 CFR Part 75, Subpart E except as provided in Section 005.09E.
005.09D The owner or operator of any PEMS installed subsequent to adoption of Section 005.09E will perform the following initial certification procedures:
005.09B1(a) In accordance with 40 CFR Part 60 Appendix B, Performance Specification 3 for diluent; or005.09B2 Using a PEMS with a method approved by the Director and EPA.
005.09B1(b) With a similar alternative method approved by the Director and EPA; or
005.09D1 Conduct initial Relative Accuracy Test Audit (RATA) at low, medium, and high operating levels using 40 CFR Part 60, Appendix B:
005.09D1(a) Performance Specification 2, Subsection 8.4 (pertaining to NOx) in terms of the applicable standard (in ppmv, lb/MMBtu, or g/hp-hr). except the relative accuracy will be 10%, or within 2 ppm absolute difference;005.09D2 Conduct a t-test, an F-test, and a correlation analysis using 40 CFR Part 75, Appendix A, Section 7.6 and Section 75.41(c)(1) and (2) at low, medium, and high load levels.
005.09D1(b) Performance Specification 3, Subsections 8 and 13.2 (pertaining to O2 or CO2); and
005.09D1(c) Performance Specification 4, Subsections 8 and 13.2 (pertaining to CO), for owners or operators electing to use a CO PEMS; and
005.09D2(a) Calculations will be based on a minimum of 27 successive emission data points at each tested level which are at least seven-minute averages;
005.09D2(b) The t-test and the correlation analysis will be performed using all data collected at the three tested levels;
005.09D2(c) The correlation analysis may be waived following review of the waiver request submittal if:
(a) The process design is such that it is technically impossible to vary the process to result in a concentration change sufficient to allow a successful correlation analysis statistical test. Any waiver request will also be accompanied with documentation of the reference method measured concentration. The waiver is to be based on the measured value at the time of the waiver. Should a subsequent RATA effort identify a change in the reference method measured value by more than 30%, the statistical test must be repeated at the next RATA effort to verify the successful compliance with the correlation analysis statistical test requirement; or
(b) The data for a measured compound (e.g., NOx, O2) are determined to be auto-correlated according to the procedures of 40 CFR Part 75.41(b)(2). A complete analysis of autocorrelation with support information will be submitted with the request for waiver. The statistical test will be repeated at the next RATA effort to verify the successful compliance with the correlation analysis statistical test requirement.
005.09D2(d) Allowable Test Adjustments.
(a) For either NOx or CO and for the purpose of conducting an f-test, if the standard deviation of the EPA reference method is less than either 3% of the span or five parts per million (ppm), use an EPA reference method standard deviation of either five ppm or 3% of span.
(b) For the diluent CO2 or O2, and for the purpose of conducting an f-test, if the standard deviation of the reference method is less than 3% of span, use an EPA reference method standard deviation of 3% of span.
(c) For either NOx or CO and at any one test level, if the mean value of the EPA reference method is less than either ten ppm or 5% of the standard, all statistical tests are waived for that emission parameter at that specific test level.
(d) For the diluent O2 or CO2 and at any one test level, if the mean value of the reference method is less than 3% of span, all statistical tests are waived for that diluent parameter at that specific test level.
005.09D3 All requests for waivers will be submitted to the Department for review and approval. The Director will approve or deny each waiver request;005.09E The owner or operator may vary from sections 005.09C or 005.09D if the owner or operator:
005.09D4 The owner or operator will , for each alternative fuel fired in a unit, certify the PEMS in accordance with Sections 005.09D1 or 005.09D2 unless the alternative fuel effects on NOx, CO, and O2 (or CO2) emissions were addressed in the model training process.
005.09D5 The PEMS will be subject to the approval of the Director.
005.09E1 Demonstrates to the satisfaction of the Director that the alternative is substantially equivalent to the requirements; or
005.09E2 Demonstrates to the satisfaction of the Director that the requirement is not applicable.
005.10 Applying for Approval of a PEMs System.006 Compliance; Exceptions Due to Startup, Shutdown, or Malfunction.
005.10A Approval to use PEMS will be limited to the specific unit and fuel type for which certification testing was conducted. Any future change in the type or composition of the fuel, or combustion characteristics of the boiler, will require that the PEMS be recertified, unless the PEMS was initially constructed to account for different fuel types and/or compositions. In this case, fuel switching would be permitted without recertification. Owners or operators may attempt to justify that a slight change in fuel composition does not affect emissions and the PEMS does not need be recertified. The approval of such justification will be determined by the Director.
005.10B Owners or operators will submit the following information in the application for certification or recertification of a predictive emissions monitoring system:
005.10B1 Source identification information including unit description, heat rate, and fuel type.
005.10B2 A general description of the software and hardware components of the PEMS including manufacturer, type of computer, name(s) of software product(s), and monitoring technique . Manufacturer literature and other similar information will also be submitted, as appropriate.
005.10B3 A detailed description of the predictive emissions monitoring system. Identify all operational parameters or ambient conditions which are determined to have an effect on the predicted emissions. If the PEMS is developed on the basis of physical principles, identify any specific physical assumptions or mathematical manipulations made that justify suitability of the model. If the PEMS is developed on the basis of linear or nonlinear regression analysis, submit the paired raw data used in developing or training the model and specifically identify the tested operating range for every input parameter and the number of data points used in the development of the model.
005.10B4 A detailed description of the hardware CEMS or the reference method used during the testing period.
005.10B5 Data collection procedures including location of the sampling probe and methods to ensure accurate representativeness of emissions being measured.
005.10B6 A detailed description of all PEMS operation, maintenance, and quality assurance and control procedures to be implemented.
005.10B7 Identification of all sensors pertaining to the PEMS and a detailed description of the sensor validation procedure and calibration frequency for each sensor.
005.10B8 Description of monitor reliability, accessibility, and timeliness analysis from Section 005.11.
005.10B9 A description of the method used to calculate heat input, if applicable.005.11 Quality Assurance Procedure for PEMS. The owner or operator will develop and implement a quality assurance and quality control (QA/QC) manual for the PEMS and its components. The manual should include daily, quarterly, and semiannual or annual assessment procedures or operations to ensure continuous and reliable performance of the PEMS. The QA/QC manual should also include a ready and detailed specific corrective action plan that can be executed at times when the monitoring systems are inoperative. The QA/QC manual will be placed in a readily accessible location on the plant site. Owners or operators will assign the responsibility of implementing the QA/QC manual to designated employees and will ensure at all times that these employees have the technical and practical training needed to execute this plan.
005.10B10 Data, calculations, and results of the RATA test and the statistical tests performed at all three loads and fuel types as listed under 40 CFR § 75.48(a)(3).
005.10B11 Data plots as specified in 40 CFR § 75.41(a)(9) and 75.41(c)(2)(i).
005.10B12 A summary of all results and calculations which demonstrates that PEMS is equivalent in performance to that of the certified hardware CEMS or EPA reference method.
005.11A Daily Assessment. Identify any specific steps, measures, or maintenance plans that can be taken to ensure proper functioning of the monitoring systems. Develop a plan to detect any thermocouple, flow monitoring, and sensor failures. If the PEMS is developed to operate in a specific operating range, develop a plan that will ensure continuous operation within the specified operating range. It is the responsibility of the owner or operator to make sure that the model is trained over a wide range of operating parameters. Operation outside any of the operating ranges will be considered monitor downtime.005.12 PEMS Partial Certification. In certain cases, the owner or operator may not be able to adjust all of the parameters of the model over the entire desired range of operation at one time. In this case, the owner or operator may certify the PEMS in a restricted range of operation in accordance with the PEMS certification procedure.
005.11B Quarterly Assessment. The owner or operator will develop and implement a plan that will ensure proper accuracy and calibration of all operational parameters that affect emissions and serve as input to the predictive monitoring system. All sensors will be calibrated as often as needed but never to exceed the time recommended by the manufacturers, for the specific applications these sensors are being used.
005.11C Semiannual or Annual Assessment. Following initial RATA, conduct RATA semiannually, pursuant to 005.09D1, at normal load operations, for each unit. If the relative accuracy for the initial or most recent audit for the NOx, CO, CO2, (or O2) monitors is 7.5 percent or less, subsequent RATA may be performed on an annual basis.
005.12A If, at a later date, the owner or operator wishes to operate outside the demonstrated range of the certified PEMS, the owner or operator may extend the demonstrated range by certifying at a new range within 60 days of cumulative operation of the parameter at that range.005.13 Monitor downtime periods for PEMS include the following:
005.14 PEMS Adjustments and Tuning. Adjustments and tuning are permissible provided that the date, reasons, and details of the PEMS adjustments are documented, submitted to the Department and the documentation placed in an accessible location on the plant site, suitable for inspection by the Department at any time, sufficient to identify that the PEMS for any unit has been inspected, the occurrence of the last PEMS adjustment, and the last RATA performed for that unit. The PEMS will be retrained on an augmented set of data which includes the set of data used for training the model prior to adjustment and the newly collected set of data needed for adjustment of the model. When PEMS retraining is performed within the demonstrated range of certification, no RATA testing is required. No tampering with the PEMS is allowed during periods when no PEMS adjustments or tuning are being performed.
005.15 Notification, recordkeeping, and reporting. Owners or operators using predictive emissions monitoring systems will maintain for each unit a file of all measurements, data, reports, and other information in a form suitable for inspection for at least five years from the date of each record.
005.13A Operating out of range of any operational parameters that affect NOx.
005.13B One or more sensor failures.
005.13C Uncertified fuel switching or fuel composition changes unless approved.
005.13D Failing the RATA or any applicable statistical tests. If a PEMS fails the RATA or statistical tests, downtime is the time corresponding to the completion of the sampling that results in the failure, until the time corresponding to the completion of the subsequent successful sampling.
005.13E Failure of any quality assurance procedure specified in accordance with 005.11.
005.13F Failure to complete a minimum of one cycle of operation (sampling, analyzing and data recording) for each successive 15 minute period of emission unit operation.
005.15A1 The owner or operator will submit written notification to the Department in accordance with this Chapter of the date of any predictive emissions monitoring system (PEMS) relative accuracy test audit (RATA).005.15B Recordkeeping. The owner or operator will maintain written or electronic records of the data specified below. Such records will be kept for a period of at least five years and will be made available upon request by authorized representatives of the Department or EPA. The PEMs monitoring records will include:
005.15A2 The owner or operator will submit to the Department a copy of results of any PEMS RATA and statistical testing conducted in accordance with Section 005.11C.
005.15B1 Hourly emissions in units of the standard and fuel usage (or stack exhaust flow).
005.15B2 Records to verify minimum data collection requirement of one cycle of operation (sampling, analyzing and data recording) for each successive 15 minute period of emission unit operation.
005.15B3 Pounds per million British thermal units (lb/MMBtu) heat input.
005.15B4 Detailed records of any daily, quarterly, and semiannual or annual quality assurance programs or monitoring plans.
005.15B5 Compliance with the applicable recordkeeping requirements of 40 CFR § 75.57 (d) and (e).
005.15B6 Compliance with the certification, quality assurance and quality control record provisions of 40 CFR § 75.59(a)(5), (6), and (7).
005.15C Reporting. The owner or operator of a unit approved to utilize a PEMS for demonstrating continuous compliance, will report in writing to the Department on a quarterly basis the monitoring system performance and any exceedance of the applicable emission standard. All reports will be certified by a responsible official and received by Department on or before the 30th day following the end of each calendar quarter. Written reports will include the following information:
005.15C1 The magnitude of excess emissions computed in accordance with 40 CFR § 60.13(h), any conversion factors used, the date and time of commencement and completion of each time period of excess emissions, and the unit operating time during the reporting period;
005.15C2 Specific identification of each period of excess emissions that occurs during start-ups, shutdowns, and malfunctions of the affected unit, the nature and cause of any malfunction (if known), and the corrective action taken or preventative measures adopted;
005.15C3 The date and time identifying each period during which the continuous monitoring system was inoperative or down as described in Section 005.13 and the nature of the system repairs or adjustments;
005.15C4 The results of any quality assurance assessments conducted during the quarter;
005.15C5 When no excess emissions have occurred or the continuous monitoring system has not been inoperative, repaired, or adjusted, such information will be stated in the report.
006.01 Upon receipt of a notice of excess emissions issued by the Department the source to which the notice is issued may provide information showing that the excess emissions were the result of a malfunction, start-up, or shutdown. Based upon any information submitted by the source operator, and any other pertinent information available, the Director shall make a determination whether the excess emissions constitute a malfunction, start-up, or shutdown, and whether the nature, extent and duration of the excess emissions warrant enforcement action. In determining whether enforcement action is warranted, the Director shall consider the following:
006.01A Whether the excess emissions during start-up, shutdown or malfunction, occurred as a result of safety, technological or operating constraints of the control equipment, process equipment, or process.
006.01B Whether the air pollution control equipment, process equipment, or processes were maintained and operated to the maximum extent practical for minimizing emissions.
006.01C Whether repairs were made as expeditiously as practicable when the operator knew or should have known when excess emissions were occurring.
006.02 The information provided by the source operator under 006.01 shall include, at a minimum, the following:
006.01D Whether the amount and duration of the excess emissions were limited to the maximum extent practical during periods of such emissions.
006.01E Whether all practical steps were taken to limit the impact of the excess emissions on the ambient air quality.
006.02A Name and location of installation.
006.02B Name, email address, and telephone number of the person responsible for the installation.
006.02C The identity of the equipment causing the excess emissions.
006.02D The time and duration of the period of excess emissions.
006.03 The information specified in 006.02 shall be submitted to the Director not later than 15 days after receipt of the notice of excess emissions.
006.04 Planned Start-Up and Shutdown Reporting. The owner or operator of an installation subject to this chapter shall notify the Director, in writing, whenever a planned start-up or shutdown may result in excess emissions. This notice shall be mailed no later than 10 days prior to such action, and shall include, but not be limited to, the following information:
006.02E The cause of the excess emissions.
006.02F The air contaminants involved.
006.02G A best estimate of the magnitude of the excess emissions expressed in the units of the applicable emission control regulation and the operating data and calculations used in estimating the magnitude.
006.02H The measures taken to mitigate the extent and duration of the excess emissions.
006.02I The measures taken to remedy the situation which caused the excess emissions and the measures taken or planned to prevent the recurrence of such situations.
006.04A Name and location of the installation.
006.04B Name, email, and telephone number of the person responsible for the installation.
006.04C The identity of the equipment which may cause excess emissions.
006.04D Reasons for proposed shutdown or start-up.
006.04E Duration of anticipated period of excess emissions.
006.04F Date and time of proposed shutdown or start-up.
006.04G Physical and chemical composition of pollutants whose emissions are affected by the action.
006.04H Methods, operating data, and/or calculations used to estimate these emissions.
006.04I Quantification of emissions during such action in the units of the applicable emission control regulation.
006.04J All measures planned to minimize the extent and duration of excess emissions during the shutdown and ensuing start-up.
006.05 Malfunction and Unplanned Shutdown Reporting. The owner or operator of an installation subject to this chapter shall notify the Director whenever emissions due to malfunctions, unplanned shutdowns or ensuing start-ups are, or may be, in excess of applicable emission control regulations. Such notification shall be made in writing or by emailed within two working days of the beginning of each period of excess emissions, and a mailed written notification will be provided to the Director within five calendar days of the event. The notification shall include, but not be limited to, the information required by 006.04. This notice is not required provided the following conditions are met:
007 Control Regulations; Circumvention, When Excepted.
006.05A A certified continuous emissions monitor is in operation throughout the duration of the period of malfunction, shutdown or ensuing start-up; and006.06 The Director shall make a determination of whether or not excess emissions were due to start-up, shutdown, or malfunction, and what, if any, enforcement action should be taken. The Director will consider the following in making his determination:
006.05B The period of malfunction, shutdown or ensuing start-up is less than 1 hour in duration.
006.06A All notification requirements of the chapter have been met. 006.07 If the Director determines that the reporting requirements of 006.02 and/or 006.04 of this Chapter are inappropriate to a particular installation, he may establish other reporting requirements which are sufficient to allow the determinations described in 006.06.
006.08 Nothing in this regulation shall be construed to limit the authority of the Director to take appropriate action to enforce the provisions of the State Act, and the regulations promulgated thereunder.
006.06B The malfunction, shutdown, or start-up did not result entirely or in part from poor maintenance, careless operation, or any other preventable upset conditions or equipment breakdowns.
006.06C All reasonable steps were taken to correct the conditions causing the excess emissions, as expeditiously as practicable, including the use of off-shift labor and overtime if necessary.
006.06D All reasonable steps were taken to minimize the emissions and their effect on air quality.
006.06E The malfunction or shutdown is not part of a recurring pattern indicative of inadequate design, operation, or maintenance.
006.06F The excess emissions are not a threat to public health or ambient air quality.
007.01 No person will cause or permit the installation or use of any machine, equipment, device or other article, or alter any process in any manner which conceals or dilutes the emissions of contaminants without resulting in a reduction of the total amounts of contaminants emitted.
007.02 Exception to 007.01 may be granted by the Department, upon request, provided that such action is intended to convert the physical and/or chemical nature of the contaminant emission and that failure to reduce total contaminant emissions results solely from the introduction of contaminants which are not deemed to be detrimental to the public interest.
Enabling Legislation: Neb. Rev. Stat. §81-1504(1)(2)(4)(11)(25); 81-1505(12)(16); 81-1513(1) to (7)