001 Nebraska Ambient Air Quality Standards. The National Ambient Air Quality Standards (NAAQS) published at 40 CFR Part 50; as of July 1, 2020, unless otherwise indicated, are incorporated by reference and made applicable in the State of Nebraska. Administrator, as used in 40 CFR Part 50, means EPA Administrator.
002 Total reduced sulfur (TRS).
002.01 Except as provided in 002.01A and 002.01B these standards apply:
Level: 10.0 parts per million (10.0 ppm)
Averaging time: 1 minute
Form: Maximum average concentration
Level: 0.10 parts per million (0.10 ppm)
Averaging time: 30-minutes
Form: Maximum rolling average002.01A Ambient air concentrations of TRS emissions occurring as a result of natural activities that have no associated economic benefits will not constitute a violation of the standards contained in Section 002.
002.01B The Department may allow any source causing or contributing to a violation of the standards in Section 002 to develop and implement a program to eliminate such emissions causing a violation.
002.02 Unless otherwise approved by the Director, TRS in the ambient air will be measured using a TRS thermal converter in conjunction with an SO2 monitor. Only an SO2 monitor that has been designated as an EPA reference method or equivalent method in accordance with 40 CFR Part 53 may be used. When used in combination with a thermal converter, the SO2 monitor will meet or exceed the performance limit specifications for automated methods prescribed in 40 CFR Part 53 Subpart B.
002.03 A rolling average will be considered valid if there is data for at least 75 percent of the period in question. In the event that less than 100 percent of the data are available, the rolling average will be computed on the basis of the data available using the number of data available as the divisor.
002.04 The standards are attained when all of the following conditions are met:
002.04A The one-minute concentration is less than or equal to 10.0 ppm, rounded to one decimal place (fractional parts equal to or greater than 0.05 ppm will be rounded up);
002.04B The 30-minute rolling arithmetic mean concentration is less than or equal to 0.10 ppm, rounded to two decimal places (fractional parts equal to or greater than 0.005 ppm will be rounded up).
003 Visibility Protection.
003.01 For the purposes of this section, 40 CFR § 51.301 is incorporated by reference. Administrator, as used in 40 CFR § 51.301, means EPA Administrator. Appendix Y (Guidelines for BART Determinations Under the Regional Haze Rule) of 40 CFR 51, is incorporated by reference.
003.02 The owner or operator of a stationary source that is subject to a Best Available Retrofit Technology (BART) determination according to 40 CFR Part 51, Appendix Y will submit a BART determination in accordance with Appendix Y of 40 CFR Part 51 to the Department for review. The Department will issue a permit to the source, pursuant to Section 003.03, giving consideration to the source’s BART determination.
003.03 The BART requirements for any BART stationary source that is subject to BART according to 40 CFR Part 51, Appendix Y will be incorporated into a construction permit in accordance with Chapter 3 of this Title.
004 Regions and Subregions: How Classified. The following Air Quality Control Regions are designated for Nebraska:
004.01 The Lincoln-Beatrice-Fairbury Intrastate Air Quality Control Region includes the counties of Lancaster, Gage, Jefferson, and Thayer and all subdivisions therein. Lancaster County is designated a subregion of the Lincoln-Beatrice-Fairbury Intrastate Air Quality Control Region.
004.02 The Metropolitan Sioux City Interstate Air Quality Control Region includes Dakota County in Nebraska; two counties in Iowa and one in South Dakota.
004.03 The Omaha-Council Bluffs Interstate Air Quality Control Region includes the counties of Douglas and Sarpy in Nebraska and Pottawattamie in Iowa.
004.04 The Columbus Intrastate Air Quality Control Region includes the counties of Platte, Colfax, Polk, and Butler and all subdivisions therein.
004.05 The Nebraska Intrastate Air Quality Control Region includes all counties (and subdivisions therein) within the boundaries of the state exclusive of those counties included in one of the other four Air Quality Control Regions. Cass County and Dawson County are designated as subregions of the Nebraska Intrastate Air Quality Control Region for PM and PM10.
005 Controls for Transferring, Conveying, Railcar, and Truck Loading at Rock Processing Operations in Cass County. The owner or operator of any rock processing operation located in Cass County shall install, operate and maintain a system to reduce potential emissions from conveying, transfer operations, and railcar and truck loading by 85 percent. Compliance with this Section may be demonstrated by the full-time use with any suitable combination of sprays, hoods, enclosures, or filters subject to Department approval.
006 Air Pollution Emergency Episodes.
006.01 40 CFR Part 51 Appendix L, except for the preamble contained therein, is hereby adopted and incorporated by reference.
006.02 Whenever the Director finds that an emergency exists requiring immediate action to protect the public health and welfare, the Director will issue an announcement to the general public.
006.03 Episode Criteria. In the event of an Emergency Episode the following procedures will be followed by the Department:
006.03A The Department will monitor forecasts of atmospheric stagnation and updates of current conditions as frequently as they are issued by the National Weather Service.
006.03B The Department may inspect sources to ascertain compliance with applicable Emission Reduction Plans.
006.03C The Department will establish a dedicated means for communication with public officials, major emission sources, public health and safety agencies, and news media for the duration of the Emergency Event.
Enabling Legislation: Neb. Rev. Stat. §81-1504(1)(2), 81-1505(1)(12)(16), 81-1507(4)