Request for Variance from Air Quality Regulations – Instructions and Form
This guidance document is advisory in nature but is binding on an agency until amended by such agency. A guidance document does not include internal procedural documents that only affect the internal operations of the agency and does not impose additional requirements or penalties on regulated parties or include confidential information or rules and regulations made in accordance with the Administrative Procedure Act. If you believe that this guidance document imposes additional requirements or penalties on regulated parties, you may request a review of the document.

Form #:  AIR058a
Guidance Documents
Revised: 9/29/16

Page 1 of 6


Nebraska Revised Statute §81-1513(1) provides that “Any person who owns or is in control of any plant, building structure, process, or equipment may apply to the director for a variance from rules or regulations”. Nebraska Administrative Code Title 129 Nebraska Air Quality Regulations (Chapter 33, Section 001.03) further requires that “All requests for variance as provided for in Neb. Rev. Stat. §81-1513 shall be submitted in writing to the Department …” and identifies minimum submittal requirements.

A variance is not a right and is granted at the discretion of the Director. There is no timetable for the Director’s decision. In accordance with §81-1513, a variance cannot be granted that will sanction any violation of state or federal statutes or regulations. A variance cannot be granted to waive or change an existing permit condition or limit. A variance cannot be granted to sanction construction that was already started prior to obtaining a required construction permit. Please refer to the full text of the statute and regulations for additional information.

Submittal

This form is provided for the submission of a variance request from Nebraska Air Quality Regulations for a proposed source of air pollution. This request is not a substitute for any required permit and there is no guarantee a variance will be granted. The form is not required in this specific format; however, it is provided for convenience of the applicant to help prepare a request. The notarized signature of the person responsible for the operation or installation is required.

Please type responses or use dark blue or black ink. Do NOT use pencil. The NDEQ may request additional information as needed for evaluation and consideration of the request. Do NOT spiral bound the application as bindings must be removed for scanning and filing purposes.

If you plan to submit any confidential information, please read the NDEQ guidance document titled “Confidentiality Claims,” which is available on the NDEQ Web site, PRIOR TO submitting such materials. Any request for confidentiality must be done in accordance with Title 115 – Rules of Practice and Procedure. For confidentiality requests you will need to submit an original and a copy of the complete request and include any accompanying documents (both the original and copy must include the confidential material) along with one package proposed for the public version of the request. The public version excludes the material that you wish to remain confidential.

Submit as follows:

Attn: Director
Nebraska Department of Environmental Quality
(Mailing address)
PO Box 98922
Lincoln, NE 68509-8922
or
(Physical address)
1200 N Street, Suite 400
Lincoln, NE 68508


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 http://deq.ne.gov.

Note: Effective Oct. 1, 2009, any individual submitting any application or form that would derive public benefit from the state must also fill out a United States Citizenship Attestation form. This applies to individuals submitting the forms on their own behalf. If applicable, please fill out the United States Citizenship Attestation form below and submit it with the relevant applications and forms.

United States Citizenship Attestation Form

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