Nebraska Department of
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05-159
01/2005
Construction Permit Application Fees
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On March 11, 2004, Legislative Bill 449 was passed requiring the Nebraska Department of Environmental Quality (NDEQ) to collect fees to process air quality construction permit applications. Only those facilities that apply for an air quality construction permit must submit an application fee. This fee will supplement a small portion of the total costs of the permitting program and is expected to provide applicants with more timely permit reviews.

Beginning January 1, 2005, each application for an air quality construction permit must be accompanied by a fee in accordance with the schedule below. The schedule is set based on the facility-wide potential to emit (PTE). The PTE used to determine the fee takes into consideration the emissions expected after the source is constructed or modified. Additionally, the facility-wide PTE also takes into consideration restrictions and emission limits included in the construction permit after it has been issued.

PERMIT APPLICATION FEE SCHEDULE
TIER
FACILITY-WIDE PTE
FEE
I
Less than 50 tons per year of any single regulated air pollutant (excluding HAPs); or
Less than 2.5 tons per year of any single hazardous air pollutant (HAP); or
Less than 10 tons per year of any combination of HAPs
$250
II
50 tons or more but less than 100 tons per year of any single regulated air pollutant (excluding HAPs); or
2.5 tons or more but less than 10 tons per year of any single HAP; or
10 tons or more but less than 25 tons per year of any combination of HAPs
$1,500
III
100 tons or more per year of any single air pollutant (excluding HAPs); or
10 tons or more per year of any single HAP; or
25 tons or more per year of any combination of HAPs
$3,000

Frequently Asked Questions


Q. When and how do I submit the application fee?
A. Whenever you submit a construction permit application you are required to submit the appropriate application fee. A new application form was created (Form 1.1 – Permit Application Fee) and must be included with every Construction Permit application. Checks should be mailed to the NDEQ Air Quality Division with the application forms.

Q. How do I know if I need to submit a construction permit application?
A. The requirement to apply for and obtain a construction permit is based on the net increase in PTE due to the construction or modification of the source. Therefore a source must first determine their current PTE, and then compare this to their projected new PTE. If the change in PTE exceeds the construction permit thresholds in Nebraska’s Air Quality Regulations, Title 129, Chapter 17, you must submit a construction permit application. Additionally, all incinerators need to obtain a construction permit regardless of their PTE. If you are a major source subject to the federal permitting requirements in Title 129, Chapter 19, additional analysis may be needed to determine if a construction permit application is needed. For more information about construction permits, refer to the “Construction Permit” fact sheet located on our webpage at www.deq.state.ne.us under Publications/Forms.

Q. How do I obtain a construction permit application?
A. To obtain a construction permit application, you may call or write the NDEQ Air Quality Division, P.O. Box 98922, Lincoln, NE 68509-8922, phone: (402) 471-2189. You may also send an e-mail to MoreInfo@ndeq.state.ne.us or download them from our website at www.deq.state.ne.us under the Publications/Forms section.

Q. If I submitted a complete application prior to January 1, 2005, will I need to submit the application fee before my application is processed?
A. No. The application fee is only required for applications submitted on or after January 1, 2005. All applications received in 2004 will be processed without the need for an application fee.

Q. What is my “facility-wide” potential-to-emit (PTE) upon which the application fee is based?
A. The application fee is based on the permitted future PTE of the entire facility. The permitted future PTE takes into consideration the current PTE plus the PTE of the new/modified emission units. It also takes into account any permit limits requested in the permit application. It is not based on the current PTE of the entire facility or the PTE of the proposed modification alone. PTE means the maximum capacity of the emission unit(s) to emit a pollutant under its physical and operational design. Potential to emit is further defined in Title 129, Chapter 1.
Example 1: A source is proposing to build a new painting facility. They have a PTE of 12 tons per year for a single Hazardous Air Pollutant (HAP). The source is proposing to accept limits in their construction permit to keep their single HAP emissions below 2.5 tons per year (Tier I) and total HAP emissions below 10 tons per year so they can avoid the requirement to apply best available control technologies to their process in accordance with Chapter 27. The source would submit a $250 fee with their construction permit application.
Example 2: A source currently has a facility-wide PTE as shown in column 2 of the table below. They propose to construct a new emission unit that has a PTE as listed in column 3. After the application is processed the source expects to have a facility-wide PTE as shown in column 4. Since the PTE for volatile organic compounds (VOC) is between 50 and 100 tons per year (Tier II), the source must submit a $1,500 fee with their construction permit application.


Air Pollutant
Current Facility-wide PTE (tons/yr)
PTE of new equipment (tons/yr)
New Facility-wide PTE after permit is issued (tons/yr)
Fee Tier
PM10
40
8
48
I
VOC
23
41
64
II

Q. Do I combine pollutants when comparing facility-wide PTE to the fee schedule?
A. No. It is important to note that the fee tier is based on the PTE of individual pollutants, except HAPs which are looked at individually and combined. You should not add individual non-HAP pollutants together when determining the applicable fee (i.e. do not add PM10 and VOC emissions together to determine the fee amount). Each pollutant may fall into a different fee tier. The fee submitted will be based on the highest tier of the pollutants.

Q. What if I propose to reduce emissions by installing pollution control equipment?
A. In many cases a source does not need to submit a permit application in order to install air pollution control equipment, therefore an application fee may not be required. However, if a source wants to take credit for reducing their emissions by installing and operating the equipment, then they will have to obtain a construction permit. Therefore, a construction permit application and fee must be submitted. Again, since the application fee is based on the facility-wide PTE after the application is processed and a permit is issued, the emission reductions due to the new control equipment would likely minimize the applicable fee.

Q. Is there a fee to apply for a Permit-by-Rule (PbR) in accordance with Chapter 42?
A. To apply for a PbR, a source must submit a Notice-of-Intent (NOI) form to the Department. The requirement to submit a fee with each NOI is dependent on whether the source is obtaining the PbR to comply with construction permitting requirements, operating permit requirements, or both. Typically any new or modified source applying for a PbR will need to submit a fee, while existing sources may not. Since the PbR program is designed to streamline the processing of certain source categories, the application fee is set at the minimum level of $250. Instructions for submitting the fee are included on the appropriate NOI form. Contact the Department if you have questions whether a PbR application fee applies in your situation.

Q. Do I have to pay an application fee, even if I didn’t end up needing a construction permit?
A. Prior to submitting a construction permit application, you must calculate your PTE to determine if your facility has exceeded the construction permit thresholds. If your PTE does not exceed the thresholds, you will not have to submit an application. If you still decide to submit an application because you would like confirmation or a “No Permit Required” determination from us, you will have to submit the appropriate fee with the application. For more information, refer to the “Construction Permit” fact sheet located on our website at www.deq.state.ne.us under Publications/Forms.

Q. What if I decide to withdraw my application after I have submitted it or decide not to proceed with the construction project?
A. Once the application and fee have been submitted for a potential construction project, the processing has begun and the fee will not be refunded.

If you have additional questions, please call the Air Quality Division at (402) 471-2189.

Produced by: Nebraska Department of Environmental Quality, P.O. Box 98922, Lincoln, NE 68509-8922; phone (402) 471-2186. To view this, and other information related to our agency, visit our web site at www.deq.state.ne.us.

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Nebraska Department of Environmental Quality
1200 "N" Street, Suite 400
P.O. Box 98922
Lincoln, Nebraska 68509
(402) 471-2186