001 Standards of Performance for New Stationary Sources. Notwithstanding any other provisions of these regulations, the following "Standards of Performance for New Stationary Sources" published at 40 CFR Part 60, effective July 1, 2020, unless otherwise indicated are hereby adopted by reference and incorporated herein:
001.01 Subpart A – General Provisions
001.02 Subpart D – Fossil-Fuel-Fired Steam Generators for Which Construction is Commenced after August 17, 1971
001.03 Subpart Da – Electric Utility Steam Generating Units
001.04 Subpart Db – Industrial-Commercial-Institutional Steam Generating Units
001.05 Subpart Dc - Small Industrial-Commercial-Institutional Steam Generation Units
001.06 Subpart E – Municipal Incinerators
001.07 Subpart Ea – Municipal Waste Combustors for Which Construction is Commenced After December 20, 1989 and On or Before September 20, 1994
001.08 Subpart Eb – Municipal Waste Combustors for Which Construction is Commenced After September 20, 1994 or for Which Modification or Reconstruction is Commenced After June 19, 1996
001.09 Subpart Ec – New Stationary Sources: Hospital/Medical/Infectious Waste Incinerators
001.10 Subpart F – Portland Cement Plants
001.11 Subpart G – Nitric Acid Plants
001.12 Subpart Ga – Nitric Acid Plants for Which Construction, Reconstruction, or Modification Commenced After October 14, 2011
001.13 Subpart H – Sulfuric Acid Plants
001.14 Subpart I – Hot Mix Asphalt Facilities (Asphalt Concrete Plants)
001.15 Subpart J – Petroleum Refineries
001.16 Subpart Ja – Petroleum Refineries for Which Construction, Reconstruction, or Modification Commenced After May 14, 2007
001.17 Subpart K – Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After June 11, 1973, and Prior to May 19, 1978
001.18 Subpart Ka – Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After May 18, 1978, and Prior to July 23, 1984
001.19 Subpart Kb – Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which Construction, Reconstruction, or Modification Commenced After July 23, 1984
001.20 Subpart L – Secondary Lead Smelters
001.21 Subpart M – Secondary Brass and Bronze Production Plants
001.22 Subpart N – Primary Emissions from Basic Oxygen Process Furnaces for Which Construction is Commenced After June 11, 1973
001.23 Subpart Na – Secondary Emissions from Basic Oxygen Process Steelmaking Facilities for Which Construction Commenced After January 20, 1983
001.24 Subpart O – Sewage Treatment Plants
001.25 Subpart P – Primary Copper Smelters
001.26 Subpart Q – Primary Zinc Smelters
001.27 Subpart R – Primary Lead Smelters
001.28 Subpart S – Primary Aluminum Reduction Plants
001.29 Subparts T through X – Phosphate Fertilizer Plants
001.30 Subpart Y – Coal Preparation Plants
001.31 Subpart Z – Ferroalloy Production Facilities
001.32 Subpart AA – Electric Arc Furnaces Constructed After October 21, 1974 and On or Before August 17, 1983
001.33 Subpart – AAa Electric Arc Furnaces and Argon-Oxygen Decarbonization Vessels Constructed After August 17, 1983
001.34 Subpart BB – Kraft Pulp Mills
001.35 Subpart CC – Glass Manufacturing Plants
001.36 Subpart DD – Grain Elevators
001.37 Subpart EE – Surface Coating of Metal Furniture
001.38 Subpart GG – Stationary Gas Turbines
001.39 Subpart HH – Lime Manufacturing Plants
001.40 Subpart KK – Lead-Acid Battery Manufacturing Plants
001.41 Subpart LL – Metallic Mineral Processing Plants
001.42 Subpart MM – Automobile and Light-Duty Truck Surface Coating Operations
001.43 Subpart NN – Phosphate Rock Plants
001.44 Subpart PP – Ammonium Sulfate Manufacture
001.45 Subpart QQ – Graphic Arts Industry: Publication Rotogravure Printing
001.46 Subpart RR – Pressure Sensitive Tape and Label Surface Coating Operations
001.47 Subpart SS – Industrial Surface Coating: Large Appliances
001.48 Subpart TT – Metal Coil Surface Coating
001.49 Subpart UU – Asphalt Processing and Asphalt Roofing Manufacture
001.50 Subpart VV – Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry for Which Construction, Reconstruction, or Modification Commenced After January 5, 1981 and On or Before November 7, 2006
001.51 Subpart VVa – Equipment Leaks of VOC in Synthetic Organic Chemicals Manufacturing Industry for Which Construction, Reconstruction, or Modification Commenced After November 7, 2006
001.52 Subpart WW – Beverage Can Surface Coating Industry
001.53 Subpart XX – Bulk Gasoline Terminals
001.54 Subpart AAA – New Residential Wood Heaters
001.55 Subpart BBB – Rubber Tire Manufacturing Industry
001.56 Subpart DDD – Volatile Organic Compound (VOC) Emissions from the Polymer Manufacturing Industry
001.57 Subpart FFF – Flexible Vinyl and Urethane Coating and Printing
001.58 Subpart GGG – Equipment Leaks of VOC in Petroleum Refineries for Which Construction, Reconstruction, or Modification Commenced After January 4, 1983 and On or Before November 7, 2006
001.59 Subpart GGGa – Equipment Leaks of VOC in Petroleum Refineries for Which Construction, Reconstruction, or Modification Commenced after November 7, 2006
001.60 Subpart HHH – Synthetic Fiber Production Facilities
001.61 Subpart III – Volatile Organic Compounds (VOC) Emissions from the Synthetic Organic Chemical Manufacturing Industry (SOCMI) Air Oxidation Unit Process
001.62 Subpart JJJ – Petroleum Dry Cleaners
001.63 Subpart KKK – Equipment Leaks of VOC from Onshore Natural Gas Processing Plants
001.64 Subpart LLL – Onshore Natural Gas Processing; SO2 emissions
001.65 Subpart NNN – Volatile Organic Compounds (VOC) Emissions from the Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation Operations
001.66 Subpart OOO – Nonmetallic Mineral Processing Plants
001.67 Subpart PPP – Wool Fiberglass Insulation Manufacturing Plants Constructed After February 7, 1984
001.68 Subpart QQQ – Volatile Organic Compounds (VOC) Emissions from Petroleum Refinery Wastewater Systems
001.69 Subpart RRR – Volatile Organic Compounds (VOC) Emissions from the Synthetic Organic Chemical Manufacturing Industry (SOCMI) Reactor Processes
001.70 Subpart SSS – Magnetic Tape Coating Facilities
001.71 Subpart TTT – Industrial Surface Coating: Plastic Parts for Business Machines
001.72 Subpart UUU – Calciners and Dryers in Mineral Industries
001.73 Subpart VVV – Polymeric Coating of Supporting Substrates Facilities
001.74 Subpart WWW – Municipal Solid Waste Landfills
001.75 Subpart AAAA – Small Municipal Waste Combustion Units
001.76 Subpart CCCC – Commercial & Industrial Solid Waste Incineration Units
001.77 Subpart DDDD – Emission Guidelines & Compliance Times for Commercial & Industrial Solid Waste Incineration Units
001.78 Subpart EEEE – Standards of Performance for Other Solid Waste Incineration Units for which Construction is Commenced After December 9, 2004, or for which Modification or Reconstruction is Commenced on or After June 16, 2006
001.79 Subpart FFFF – Emission Guidelines and Compliance Times for Other Solid Waste Incineration Units That Commenced Construction On or Before December 9, 2004
001.80 Subpart IIII – Standards of Performance for Stationary Compression Ignition Internal Combustion Engines
001.81 Subpart JJJJ – Stationary Spark Ignition Internal Combustion Engines
001.82 Subpart KKKK – Standards of Performance for Stationary Combustion Turbines
001.83 Subpart LLLL – New Sewage Sludge Incineration Units
001.84 Subpart MMMM – Emission Guidelines & Compliance Times for Existing Sewage Sludge Incineration Units
001.85 Subpart OOOO – Crude Oil & Natural Gas Production, Transmission & Distribution
001.86 Appendices A, B, C, and F
002 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".
003 Emission Limits for Existing Stationary Sources. 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.
Enabling Legislation: Neb. Rev. Stat. §81-1504(1)(2); 81-1505(12)