NEBRASKA ADMINISTRATIVE CODE
NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY

Title 129 - Air Quality Regulations
Chapter 18 - New Source Performance Standards And Emission Limits For Existing Sources
Effective Date of Last Revision: May 13, 2014

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, 2013, unless otherwise indicated are hereby adopted by reference and incorporated herein:

001.01 General Provisions – Subpart A as revised at 74 Federal Register 51368 on October 6, 2009.

001.02 Ammonium sulfate manufacture – Subpart PP

001.03 Asphalt processing and asphalt roofing manufacture – Subpart UU

001.04 Automobile and light-duty truck surface coating operations – Subpart MM

001.05 Beverage can surface coating industry – Subpart WW

001.06 Bulk gasoline terminals – Subpart XX

001.07 Calciners and dryers in mineral industries – Subpart UUU

001.08 Coal preparation plants – Subpart Y

001.09 Electric arc furnaces and argon-oxygen decarbonization vessels constructed after August 17, 1983 – Subpart AAa

001.10 Electric arc furnaces constructed after October 21, 1974 and on or before August 17, 1983 – Subpart AA

001.11 Superseded by Section 001.83

001.12 Equipment leaks of VOC from onshore natural gas processing plants – Subpart KKK Title 129 Chapter 18

001.13 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 – Subpart GGG

001.14 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 – Subpart VV

001.15 Ferroalloy production facilities – Subpart Z

001.16 Flexible vinyl and urethane coating and printing – Subpart FFF

001.17 Fossil-fuel-fired steam generators for which construction is commenced after August 17, 1971 – Subpart D

001.18 Glass manufacturing plants – Subpart CC

001.19 Grain elevators – Subpart DD

001.20 Graphic arts industry: publication rotogravure printing – Subpart QQ

001.21 Hot mix asphalt facilities (asphalt concrete plants) – Subpart I

001.22 Industrial-commercial-institutional steam generating units – Subpart Db

001.23 Industrial surface coating: large appliances – Subpart SS

001.24 Industrial surface coating: plastic parts for business machines – Subpart TTT

001.25 Lead-acid battery manufacturing plants – Subpart KK

001.26 Lime manufacturing plants – Subpart HH

001.27 Magnetic tape coating facilities – Subpart SSS

001.28 Metal coil surface coating – Subpart TT

001.29 Metallic mineral processing plants – Subpart LL

001.30 Municipal incinerators – Subpart E

001.31 Municipal waste combusters – Subpart Ea

001.32 Nitric acid plants – Subpart G

001.33 Nonmetallic mineral processing plants – Subpart OOO

001.34 Onshore natural gas processing; SO2 emissions – Subpart LLL

001.35 Petroleum dry cleaners – Subpart JJJ

001.36 Petroleum refineries – Subpart J

001.37 Phosphate fertilizer plants – Subparts T through X

001.38 Phosphate rock plants – Subpart NN

001.39 Polymeric coating of supporting substrates facilities – Subpart VVV

001.40 Portland cement plants – Subpart F

001.41 Pressure sensitive tape and label surface coating operations – Subpart RR

001.42 Primary aluminum reduction plants – Subpart S

001.43 Primary copper smelters – Subpart P

001.44 Primary emissions from basic oxygen process furnaces for which construction is commenced after June 11, 1973 – Subpart N

001.45 Primary lead smelters – Subpart R

001.46 Primary zinc smelters – Subpart Q

001.47 Rubber tire manufacturing industry – Subpart BBB

001.48 Secondary brass and bronze production plants – Subpart M

001.49 Secondary emissions from basic oxygen process steelmaking facilities for which construction commenced after January 20, 1983 – Subpart Na

001.50 Secondary lead smelters – Subpart L

001.51 Sewage treatment plants – Subpart O

001.52 Small industrial-commercial-institutional steam generation units- Subpart Dc

001.53 Stationary gas turbines – Subpart GG

001.54 Storage vessels for petroleum liquids for which construction, reconstruction, or modification commenced after June 11, 1973, and prior to May 19, 1978 – Subpart K

001.55 Storage vessels for petroleum liquids for which construction, reconstruction, or modification commenced after May 18, 1978, and prior to July 23, 1984 – Subpart Ka

001.56 Sulfuric acid plants – Subpart H

001.57 Surface coating of metal furniture – Subpart EE

001.58 Synthetic fiber production facilities – Subpart HHH

001.59 Volatile organic compounds (VOC) emissions from petroleum refinery wastewater systems – Subpart QQQ

001.60 Volatile organic compounds (VOC) emissions from the synthetic organic chemical manufacturing industry (SOCMI) air oxidation unit process – Subpart III

001.61 Volatile organic compounds (VOC) emissions from the synthetic organic chemical manufacturing industry (SOCMI) distillation operations – Subpart NNN

001.62 Volatile organic liquid storage vessels (including petroleum liquid storage vessels) for which construction, reconstruction, or modification commenced after July 23, 1984 – Subpart Kb

001.63 Wool fiberglass insulation manufacturing plants constructed after February 7, 1984 – Subpart PPP

001.64 Appendices A, B, C, and F

001.65 Municipal solid waste landfills – Subpart WWW

001.66 Municipal waste combustors – Subpart Eb

001.67 Hospital/medical/infectious waste incinerators – Subpart Ec

001.68 Small municipal waste combustion units – Subpart AAAA

001.69 Superseded by Section 001.85

001.70 Volatile organic compounds (VOC) emissions from the synthetic organic chemical manufacturing industry (SOCMI) reactor processes – Subpart RRR

001.71 New residential wood heaters – Subpart AAA

001.72 Volatile organic compound (VOC) emissions from the polymer manufacturing industry – Subpart DDD

001.73 Superseded by Section 001.86

001.74 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 – Subpart EEEE

001.75 Emission Guidelines and Compliance Times for Other Solid Waste Incineration Units That Commenced Construction On or Before December 9, 2004 – Subpart FFFF

001.76 Standards of Performance for Stationary Compression Ignition Internal Combustion Engines – Subpart IIII

001.77 Standards of Performance for Stationary Combustion Turbines – Subpart KKKK

001.78 Equipment leaks of VOC in petroleum refineries for which construction, reconstruction, or modification commenced after November 7, 2006 – Subpart GGGa

001.79 Equipment leaks of VOC in synthetic organic chemicals manufacturing industry for which construction, reconstruction, or modification commenced after November 7, 2006 – Subpart VVa

001.80 Petroleum refineries for which construction, reconstruction, or modification commenced after May 14, 2007 – Subpart Ja

001.81 Kraft pulp mills – Subpart BB

001.82 Stationary Spark Ignition Internal Combustion Engines – Subpart JJJJ

001.83 Electric Utility Steam Generating Units – Subpart Da

001.84 Nitric Acid Plants for Which Construction, Reconstruction, or Modification Commenced After October 14, 2011 – Subpart Ga

001.85 Commercial & Industrial Solid Waste Incineration Units – Subpart CCCC

001.86 Emission Guidelines & Compliance Times for Commercial & Industrial Solid Waste Incineration Units – Subpart DDDD

001.87 New Sewage Sludge Incineration Units – Subpart LLLL

001.88 Emission Guidelines & Compliance Times for Existing Sewage Sludge Incineration Units – Subpart MMMM

001.89 Crude Oil & Natural Gas Production, Transmission & Distribution – Subpart OOOO

002 Except as provided in 004 below, standards of performance are applicable only to those new, modified, or reconstructed facilities specified or defined as an "affected facility".

003 Should the source need assistance in determining the CFR requirements the Department will provide the needed information on request.

004 Emission Limits for Existing Stationary Sources. Notwithstanding any other provisions of these regulations, the following emission limits are applicable to existing sources as follows:

004.01 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.

004.01A Each designated facility shall submit an initial design capacity report 90 days after September 8, 1997 on forms provided by the Department. The final determination of design capacity shall be subject to review and approval by the Department. Any change in the physical boundaries, operation or waste deposition practices which increase or decrease the design capacity of the landfill shall require the submittal of an amended design capacity report.

004.01B Each designated facility having an aggregate design capacity of 2.5 million megagrams or 2.5 million cubic meters or more shall calculate and report nonmethane organic compound (NMOC) emissions as provided for new MSW landfills under section 001.65 of this chapter beginning 90 days after September 8, 1997.

004.01C Each designated facility having an NMOC emission rate of 50 megagrams per year or more shall design, install and operate a landfill gas collection and control system (LGCCS) as provided for new MSW landfills under section 001.65 of this chapter. An alternate design plan may be approved by the Department provided the source demonstrates that

004.01C1 Meeting the requirements of section 001.65 of this chapter will result in unreasonable costs of control due to plant age, location, or basic process design;

004.01C2 It will be physically impossible to install the necessary control equipment needed to meet the requirements of section 001.65 of this chapter; or

004.01C3 Other factors specific to the facility will make application of a less stringent standard significantly more reasonable than meeting the requirements of section 001.65 of this chapter.

004.01D Each designated facility subject to the control provisions of 004.01C above shall 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 shall install the approved LGCCS within 30 months of that report, except as provided under section 001.65 of this chapter.

004.01E Each designated facility subject to the control provisions of 004.01C above shall conduct testing, monitoring, recordkeeping and reporting for the LGCCS as provided for new MSW landfills under section 001.65 of this chapter.

004.01E1 If a source receives approval for an alternate design plan under section 004.01C, 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 001.65 are not practical for the alternate design and that the alternate procedures are adequate to determine compliance with the approved alternate design plan.

004.02 Hospital/medical/infectious waste incinerators. The designated facility to which these limits apply is each individual hospital/medical/ infectious waste incinerator for which construction, reconstruction or modification was commenced on or before June 20, 1996. The emission limits under this section apply at all times except during startup, shutdown or malfunction, provided that no hospital waste or medical/infectious waste is charged to the designated facility during startup, shutdown or malfunction. For purposes of this section, the definitions in 40 CFR Part 60, §60.31 and the exceptions and exemptions from the definition of designated facility in 40 CFR Part 60, §§60.32e(b) through (h), are adopted by reference and incorporated herein.

004.02A Beginning September 15, 2000, each designated facility subject to this section shall be operated pursuant to a Class I operating permit.

004.02B For purposes of this section, the size classifications and emission limits provided in Tables 1 and 2 of 40 CFR Part 60, Subpart Ce are adopted by reference and incorporated herein. On or after the date on which the initial compliance test is required, no designated facility shall cause to be discharged into the atmosphere any gases that contain stack emissions in excess of the limits for its size, as provided in either Table 1 or 2, as applicable, or exhibit greater than 10 percent opacity, as evaluated by Method 9 in Appendix A of 40 CFR Part 60.

004.02C Each designated facility subject to the provisions of this section shall comply with the requirements for operator training and qualification, waste management plans, and recordkeeping and reporting, except for requirements relating to siting and fugitive emissions, as provided for new sources in section 001.67 of this chapter.

004.02D Each designated facility subject to the provisions of Table 1 as adopted in 004.02B shall comply with the requirements for compliance and performance testing and monitoring, except for fugitive emissions testing, as provided for new sources in 001.67 of this chapter.

004.02E Each designated facility subject to the provisions of Table 2 as adopted in 004.02B shall undergo an initial equipment inspection within 1 year of December 15, 1998, and subsequent equipment inspections no more than 12 months following each previous equipment inspection. For purposes of this paragraph, the inspection requirements in 40 CFR Part 60 §§60.36e(a)(1) and (2) are adopted by reference.

004.02F Each designated facility subject to the provisions of Table 2 as adopted in 004.02B shall comply with the following:

004.02F1 Requirements for compliance and performance testing as provided in 40 CFR Part 60, §§60.37e(b)(1) through (5);

004.02F2 Requirements for monitoring as provided in 40 CFR Part 60, §§60.37e(d)(1) through (3); and

004.02F3 Requirements for reporting and recordkeeping as provided in 40 CFR Part 60, §§60.38e(b)(1) and (2).

004.02G Each designated facility subject to the provisions of this section shall comply with all provisions of this section no later than 1 year after the EPA approval of the state plan for existing hospital/medical/infectious waste incinerators.

Enabling Legislation: Neb. Rev. Stat. §§ 81-1504(1)(2); 81-1505(12)
Legal Citation: Title 129, Ch. 18, Nebraska Department of Environmental Quality