Collapse to view only § 52.1427 - Operating permits.

§ 52.1420 - Identification of plan.

(a) Purpose and scope. This section sets forth the applicable SIP for Nebraska under section 110 of the CAA, 42 U.S.C. 7401 et seq., and 40 CFR Part 51 to meet NAAQS.

(b) Incorporation by reference. (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to December 31, 2014, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates after December 31, 2014, will be incorporated by reference in the next update to the SIP compilation.

(2) EPA Region 7 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated state rules/regulations which have been approved as part of the SIP as of December 31, 2014.

(3) Copies of the materials incorporated by reference may be inspected at the Environmental Protection Agency, Region 7, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219; at the EPA, Air and Radiation Docket and Information Center, and the National Archives and Records Administration (NARA). If you wish to obtain material from the EPA Regional Office, please call (913) 551-7089. For information on the availability of this material at NARA, call (202) 741-6030, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

(c) EPA-approved regulations.

EPA-Approved Nebraska Regulations

Nebraska
citation
Title State effective date EPA approval date Explanation STATE OF NEBRASKADepartment of Environment and EnergyTitle 129—Nebraska Air Quality Regulations129-1General Provisions; Definitions9/28/20228/16/2024, 89 FR 66609 129-2Nebraska Air Quality Standards9/28/20228/16/2024, 89 FR 66609Section 002 total reduced sulfur (TRS) is not approved into the SIP. 129-3Construction Permits9/28/20228/16/2024, 89 FR 66609 129-4Prevention of Significant Deterioration (PSD)9/28/20228/16/2024, 89 FR 66609 129-6Operating Permits9/28/20228/16/2024, 89 FR 66609 129-7General Permits9/28/20228/16/2024, 89 FR 66609 129-8Permits-By-Rule9/28/20228/16/2024, 89 FR 66609 129-9Permit Revisions; Reopening For Cause9/28/20228/16/2024, 89 FR 66609 129-10Permits—Public Participation9/28/20228/16/2024, 89 FR 66609 129-11Emissions Reporting, When Required9/28/20228/16/2024, 89 FR 66609 129-14Incinerators, Emission Standards9/28/20228/16/2024, 89 FR 66609 129-15Compliance9/28/20228/16/2024, 89 FR 66609 129-16Sulfur Compound and Nitrogen Dioxides Emissions Standards9/28/20228/16/2024, 89 FR 66609 Appendix IHazardous Air Pollutants Sorted by CAS Number9/28/20228/16/2024, 89 FR 66609 Appendix IIAir Pollution Emergency Episodes9/28/20228/16/2024, 89 FR 66609 Title 115—Rules of Practice and Procedure115-1Adoption of Model Rules6/24/20195/18/2021, 86 FR 26843 115-2Confidentiality for Trade Secrets6/24/20195/18/2021, 86 FR 26843 115-3Public Hearings6/24/20195/18/2021, 86 FR 26843 Nebraska Revised Statute 81-1502 Terms Defined1502Terms Defined3/21/20198/16/2024, 89 FR 66609The following paragraphs of Nebraska Revised Statute 81-1502 are approved into the SIP: (2) Air pollution; (3) Chairperson; and (10) Person. Lincoln-Lancaster County Air Pollution Control ProgramArticle 1—Administration and EnforcementSection 1Intent5/16/19952/14/1996, 61 FR 56991 Section 2Unlawful Acts—Permits Required5/16/19952/14/1996, 61 FR 5699 Section 3Violations—Hearings—Orders5/16/19952/14/1996, 61 FR 5699 Section 4Appeal Procedure5/16/19952/14/1996, 61 FR 5699 Section 5Variance5/16/19952/14/1996, 61 FR 5699 Section 7Compliance—Actions to Enforce—Penalties for Non-Compliance5/16/19952/14/1996, 61 FR 5699 Section 8Procedure for Abatement5/16/19952/14/1996, 61 FR 5699 Section 9Severability5/16/19952/14/1996, 61 FR 5699 Article 2—Regulations and StandardsSection 1Definitions8/11/19981/20/2000, 65 FR 3130 Section 2Major Sources—Defined8/11/19981/20/2000, 65 FR 3130 Section 4Ambient Air Quality Standards5/16/19952/14/1996, 61 FR 5699 Section 5Operating Permits—When Required8/11/19981/20/2000, 65 FR 3130 Section 6Emissions Reporting—When Required8/11/19981/20/2000, 65 FR 3130 Section 7Operating Permit—Application8/11/19981/20/2000, 65 FR 3130 Section 8Operating Permit—Content8/11/19981/20/2000, 65 FR 3130 Section 9General Operating Permits for Class I and II Sources5/16/19952/14/1996, 61 FR 5699 Section 10Operating Permits for Temporary Services5/16/19952/14/1996, 61 FR 5699 Section 11Emergency Operating Permits—Defense5/16/19952/14/1996, 61 FR 5699 Section 12Operating Permit Renewal and Expiration5/16/19952/14/1996, 61 FR 5699 Section 14Permits—Public Participation5/16/19952/14/1996, 61 FR 5699 Section 15Operating Permit Modifications—Reopening for Cause8/11/19981/20/2000, 65 FR 3130 Section 16Stack—Heights—Good Engineering Practice (GEP)5/16/19952/14/1996, 61 FR 5699 Section 17Construction Permits—When Required8/11/19981/20/2000, 65 FR 3130 Section 20Particulate Emissions—Limitations and Standards3/31/19971/20/2000, 65 FR 3130 Section 22Incinerator Emissions5/16/19952/14/1996, 61 FR 5699 Section 24Sulfur Compound Emissions—Existing Sources—Emission Standards5/16/19952/14/1996, 61 FR 5699 Section 25Nitrogen Oxides (Calculated as Nitrogen Dioxide)—Emissions Standards for Existing Stationary Sources5/16/19952/14/1996, 61 FR 5699 Section 32Dust—Duty to Prevent Escape of3/31/19971/20/2000, 65 FR 3130 Section 33Compliance—Time Schedule for5/16/19952/14/1996, 61 FR 5699 Section 34Emission Sources—Testing—Monitoring5/16/19952/14/1996, 61 FR 5699 Section 35Compliance—Exceptions Due to Startup Shutdown or Malfunction5/16/19952/14/1996, 61 FR 5699 Section 36Control Regulations—Circumvention—When Expected5/16/19952/14/1996, 61 FR 5699 Section 37Compliance—Responsibility of Owner/Operator Pending Review by Director5/16/19952/14/1996, 61 FR 5699 Section 38Emergency Episodes—Occurrence and Control—Contingency Plans5/16/19952/14/1996, 61 FR 5699 Appendix IEmergency Emission Reduction Regulations5/16/19952/14/1996, 61 FR 5699 City of OmahaChapter 41—Air Quality ControlArticle I—In General41-2Adoption of State Regulations with Exceptions4/1/19981/20/2000, 65 FR 3130 41-4Enforcement—Generally5/29/19952/14/1996, 61 FR 5699 41-5Same Health Department5/29/19952/14/1996, 61 FR 5699 41-6Residential Exemptions5/29/19952/14/1996, 61 FR 5699 41-9Penalties5/29/19952/14/1996, 61 FR 5699 41-10Civil Enforcement5/29/19952/14/1996, 61 FR 5699 Article II—Permitting of Air Contaminant Sources41-23Prerequisite to Approval5/29/19952/14/1996, 61 FR 5699 41-27Signature Required; Guarantee5/29/19952/14/1996, 61 FR 5699 41-38Funds5/29/19952/14/1996, 61 FR 5699 41-40Fees—When Delinquent5/29/19952/14/1996, 61 FR 5699 Article IV—Waste Incinerators—Division 1. Generally41-60Definitions5/29/19952/14/1996, 61 FR 5699 41-61Violations5/29/19952/14/1996, 61 FR 5699 Article IV—Waste Incinerators—Division 2. Emissions41-70New or Modified Facilities5/29/19952/14/1996, 61 FR 5699 41-71Existing Facilities5/29/19952/14/1996, 61 FR 5699 41-72Emission Testing5/29/19952/14/1996, 61 FR 5699 Article IV—Waste Incinerators—Division 3. Design41-80New or Modified Waste Incinerators5/29/19952/14/1996, 61 FR 5699 41-81Existing Incinerators5/29/19952/14/1996, 61 FR 5699

(d) EPA-approved state source-specific permits.

EPA-Approved Nebraska Source-Specific Permits

Name of source Permit No. State effective date EPA approval date Explanation (1) Gould, Inc67711/9/19831/31/1985, 50 FR 4510 (2) Asarco, Inc.15206/6/19963/20/1997, 62 FR 13329The EPA did not approve paragraph 19. (3) Nebraska Public Power District, Gerald Gentleman StationCP07-00505/11/20107/6/2012, 78 FR 40140EPA has only approved the elements of the permit pertaining to NOX requirements. (4) Omaha Public Power District, Nebraska City StationCP07-00492/26/20097/6/2012, 78 FR 40140

(e) EPA-approved nonregulatory provisions and quasi-regulatory measures.

EPA-Approved Nebraska Nonregulatory Provisions

Name of nonregulatory SIP provision Applicable geographic or nonattainment area State
submittal date
EPA approval date Explanation (1) Air Quality Implementation PlanStatewide1/28/19725/31/1972, 37 FR 10842 (2) Confirmation That the State Does Not Have Air Quality Control Standards Based on Attorney General's DisapprovalStatewide4/25/19725/31/1972, 37 FR 10842 (3) Request for Two-Year Extension to Meet the Primary NOX StandardOmaha1/24/19727/27/1972, 37 FR 15080 (4) Clarification of Section 11 of the State's PlanStatewide2/16/19727/27/1972, 37 FR 15080 (5) Letters Clarifying the Application of the State's Emergency Episode RuleOmaha10/2/19725/14/1973, 38 FR 12696 (6) Analysis of Ambient Air Quality in Standard Metropolitan Statistical Areas and Recommendations for Air Quality Maintenance AreasOmaha, Lincoln, Sioux City5/9/19746/2/1975, 40 FR 23746[FRL 369-8]. (7) Amended State Law (LB1029) Giving the Department of Environmental Quality Authority to Require Monitoring of Emissions, Reporting of Emissions and Release of Emissions DataStatewide2/10/19766/23/1976, 41 FR 25898[FRL 564-5]. (8) Air Monitoring PlanStatewide6/19/198110/6/1981, 46 FR 49122[A-7-FRL-1933-1]. (9) TSP Nonattainment PlanDouglas and Cass Counties9/25/1980
8/9/1982
3/28/1983, 48 FR 12715[EPA Action NE 129; A-7-FRL 2302-8]. (10) Plan for Intergovernmental Consultation and Coordination and for Public NotificationStatewide8/9/19827/5/1983, 48 FR 30631[EPA Action NE 1123; A-7-FRL 2353-7]. (11) Lead PlanStatewide except Omaha1/9/1981
8/5/1981
1/11/1983
11/29/1983, 48 FR 53697[AD-FRL 2479-3; EPA Action NE 1122] The plan was approved except that portion pertaining to Omaha. (12) Lead Nonattainment PlanOmaha7/24/1984
11/17/1983
8/1/1984
1/31/1985, 50 FR 4510[NE 1418; A-7-FRL-2768-3]. (13) CO Nonattainment PlanOmaha4/3/19859/15/1986, 51 FR 32640[A-7-FRL-3065-7]. (14) CO Nonattainment PlanLincoln4/3/19859/19/1986, 51 FR 33264[A-7-FRL-3082-8]. (15) Revised Lead Nonattainment PlanOmaha2/2/19878/3/1987, 52 FR 28694[A-7-FRL-3238-2]. (16) Letter Pertaining to NOX Rules and Analysis Which Certifies the Material Became Effective on February 20, 1991Statewide3/8/19917/2/1991, 56 FR 30335[FRL-3968-7] State submittal date is date of the letter. (17) Small Business Assistance ProgramStatewide11/12/19928/30/1993, 58 FR 45452[NE-4-1-5861; FRL-4694-6]. (18) Class II Operating Permit Program Including Letter Committing to Submit Information to RACT/BACT/LAER Clearinghouse, Letter Regarding Availability of State Operating Permits to the EPA and Specified Emissions Limits in Permits, and Letter Regarding the Increase in New Source Review ThresholdsStatewide2/16/19941/4/1995, 60 FR 372[NE-6-1-6445a; FRL-5115-3]. (19) Letter from City of Omaha Regarding Authority to Implement Section 112(l) and Letter from the State Regarding Rule Omissions and PSD Program ImplementationOmaha, Lincoln9/13/1995
11/9/1995
2/14/1996, 61 FR 5725[NE-9-1-7220b, FRL-5409-8]. State submittal dates are dates of letters. (20) Lincoln Municipal Code, Chapter 8.06.140 and 8.06.145City of Lincoln2/5/19991/20/2000, 65 FR 3130[NE 071-1071a, FRL-6521-6]. (21) Lancaster Co. Resolution 5069, Sections 12 and 13Lancaster County2/5/19991/20/2000, 65 FR 3130[NE 071-1071a, FRL-6521-6]. (22) Nebraska Lead Maintenance SIPOmaha1/18/20014/20/2001, 66 FR 20196[Region 7 Tracking No. 0124-1124(b), FRL-6968-5]. (23) CAA 110(1)(2)(D)(i) SIP—Interstate TransportStatewide5/18/200712/17/2007, 72 FR 71245[EPA-R07-OAR-2007-1128, FRL-8507-1]. (24) Section 110(a)(2) Infrastructure Requirements for the 1997 8-Hour Ozone NAAQSStatewide12/7/20077/8/2011, 76 FR 40258[EPA-R07-OAR-2011-0310, FRL-9434-4]. This action addresses the following CAA elements as applicable: 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). (25) Regional haze plan for the first implementation periodStatewide6/30/20117/6/2012, 78 FR 40150[EPA-R07-OAR-2012-0158; FRL-9689-2]. The plan was approved except for that portion pertaining to SO2 BART for Nebraska Public Power District, Gerald Gentleman Units 1 and 2, and the portion of the long- term strategy addressing the SO2 BART measures for these Units. (26) Section 110(a)(2) Infrastructure Requirements for the 2008 Pb NAAQSStatewide10/18/201110/21/2014, 79 FR 62832[EPA-R07-OAR-2014-0685; FRL-9918-13-Region 7]. This action addresses the following CAA elements: 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M). (27) Section 128 Declaration: Nebraska Department of Environmental Quality Representation and Conflicts of Interest Provisions, Section 49-1493(13) of the NE Political Accountability and Disclosure Act and Chapter 2 of Title 4, NE Accountability and Disclosure CommissionStatewide8/22/201310/21/2014, 79 FR 62832[EPA-R07-OAR-2014-0685; FRL-9918-13-Region 7]. This declaration is contained within Nebraska's 2010 Sulfur Dioxide NAAQS Infrastructure SIP submission concerning Section 110(a)(2)(E) of the CAA. (28) Cross State Air Pollution Rule—State-Determined Allowance Allocations for the 2016 control periodsStatewide3/30/20159/15/2015, 80 FR 55272 (29) Section 110(a)(2) Infrastructure Requirements for the 2008 O3 NAAQSStatewide2/11/20139/15/2015, 80 FR 55267[EPA-R07-OAR-2015-0270; Region 7] This action addresses the following CAA elements 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). (30) Section 110(a)(2) Infrastructure Requirements for the 1997 and 2006 PM2.5 NAAQSStatewide4/3/2008
8/29/2011
8/27/2015, 80 FR 51954This action addresses the following CAA elements 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). (31) Section 110(a)(2) Infrastructure Requirements for the 2008 O3 NAAQSStatewide2/11/20131/11/2016, 81 FR 1123[EPA-R07-OAR-2015-0710; 9941-04-Region 7] This action addresses the following CAA elements: 110(a)(2)(D)(i) (I)—Prongs 1 and 2. (32) Section 110(a)(2) Infrastructure Requirements for the 2010 NO2 NAAQSStatewide2/7/20134/3/2018, 83 FR 14179This action addresses the following CAA elements 110(a)(2)(A) through (C), (D)(i)(I)—Prongs 1 and 2, (D)(i)(II)—Prong 3, (D)(ii), (E) through (H), and (J) through (M). [EPA-R07-OAR-2017-0477; FRL-9976-09-Region 7]. (33) Section 110(a)(2) Infrastructure Requirements for the 2010 SO2 NAAQSStatewide8/22/20134/3/2018, 83 FR 14179This action addresses the following CAA elements 110(a)(2)(A) through (C), (D)(i)(II)—Prong 3, (D)(ii), (E) through (H), and (J) through (M). [EPA-R07-OAR-2017-0477; FRL-9976-09-Region 7]. (34) Section 110(a)(2) Infrastructure Requirements for the 2010 PM2.5 NAAQSStatewide2/22/20164/3/2018, 83 FR 14179This action addresses the following CAA elements 110(a)(2)(A) through (C), (D)(i)(II)—Prong 3, (D)(ii), (E) through (H), and (J) through (M). [EPA-R07-OAR-2017-0477; FRL-9976-09-Region 7]. (35) Sections 110 (a)(1) and (2) Infrastructure Requirements for the 2015 O3 NAAQSStatewide9/24/20184/17/2020, 85 FR 21325This action approves for the O3 NAAQS: The following CAA elements: 110(a)(1) and (2): (A) through (C), (D)(i)(I)—prongs 1 and 2, (D)(i)(II)—prong 3, (D)(ii), (E) through (H), and (J) through (M). EPA-R07-OAR-2019-0083; FRL-10007-78-Region 7. (36) Section 110(a)(2) (D)(i)(I)—significant contribution to nonattainment (prong 1), and interfering with maintenance of the NAAQs (prong 2) (Interstate Transport) Infrastructure Requirements for the 2012 Annual Fine Particulate Matter (PM2.5) NAAQSStatewide2/22/20169/6/2019, 84 FR 46887This action approves the following CAA elements: 110(a)(1) and 110(a)(2 (D)(i)(I)—prongs 1 and 2 [EPA-R07-OAR-2019-0332; FRL-9998-89-Region 7]. (37) Section 110(a)(2)(D)(i)(I)—significant contribution to nonattainment (prong 1), and interfering with maintenance of the NAAQs (prong 2) (Interstate Transport) Infrastructure Requirements for the 2010 SO2 NAAQSStatewide10/27/20208/11/2021, 86 FR 43960[EPA-R07-OAR-2021-0365; FRL-8705-02-Region 7]. This action addresses the following CAA elements: 110(a)(2)(D)(i)(I)—prongs 1 and 2.
[64 FR 7103, Feb. 12, 1999] Editorial Note:For Federal Register citations affecting § 52.1420, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

§ 52.1421 - Classification of regions.

The Nebraska plan was evaluated on the basis of the following classifications:

Air quality control region Pollutant Particulate matter Sulfur oxides Nitrogen dioxide Carbon monoxide Photochemical oxidants (hydrocarbons) Metropolitan Omaha-Council Bluffs InterstateIIIIIIIIIIII Lincoln-Beatrice-Fairbury IntrastateIIIIIIIIIIIIII Metropolitan Sioux City InterstateIIIIIIIIIIIIIII Nebraska IntrastateIIIIIIIIIIIIIII
[37 FR 10877, May 31, 1972, as amended at 39 FR 16347, May 8, 1974]

§ 52.1422 - Approval status.

With the exceptions set forth in this subpart, the Administrator approves Nebraska's plan for the attainment and maintenance of the national standards. No action is taken on the new source review regulations to comply with section 172(b)(6) and section 173 of the Clean Air Act as amended in 1977, and 40 CFR 51.18(j).

[37 FR 10877, May 31, 1972, as amended at 48 FR 12717, Mar. 28, 1983]

§ 52.1423 - PM10 State implementation plan development in group II areas.

The state of Nebraska committed to conform to the PM10 regulations as set forth in 40 CFR part 51. In a letter to Morris Kay, EPA, dated February 5, 1988, Mr. Dennis Grams, Director, Nebraska Department of Environmental Control, stated:

(a) An area in the City of Omaha and the area in and around the Village of Weeping Water have been classified as Group II areas for the purpose of PM10 State Implementation Plan (SIP) development. The specific boundaries of these areas are identified in our letter of October 6, 1987, to Carl Walter. In accordance with the requirements for PM10 SIP development, the State of Nebraska commits to perform the following PM10 monitoring and SIP development activities for these Group II areas:

(1) Gather ambient PM10 data, at least to the extent consistent with minimum EPA requirements and guidance.

(2) Analyze and verify the ambient PM10 data and report 24-hour exceedances of the National Ambient Air Quality Standard for PM10 to the Regional Office within 45 days of each exceedance.

(3) When an appropriate number of verifiable exceedances of the 24-hour standard occur, calculated according to section 2.0 of the PM10 SIP Development Guideline, or when an exceedance of the annual PM10 standard occurs, acknowledge that a nonattainment problem exists and immediately notify the Regional Office.

(4) Within 30 days of the notification referred to in paragraph (a)(3) of this section, or within 37 months of promulgation of the PM10 standards, whichever comes first, determine whether measures in the existing SIP will assure timely attainment and maintenance of the PM10 standards and immediately notify the Regional Office.

(5) Within 6 months of the notification referred to in paragraph (a)(4) of this section, adopt and submit to EPA a PM10 control strategy that assures attainment as expeditiously as practicable but no later than 3 years from approval of the committal SIP.

An emission inventory will be compiled for the identified Group II areas. If either area is found to be violating the PM10 standards, the inventory will be completed as part of the PM10 SIP for that area on a schedule consistent with that outlined in paragraphs 3, 4, and 5. If the PM10 standards are not violated, the inventory will be completed not later than July 1, 1989, and submitted to EPA not later than August 31, 1990, as part of the determination of adequacy of the current SIP to attain and maintain the PM10 air quality standards.

(b) We request that the total suspended particulate nonattainment areas in Omaha and Weeping Water (all secondary nonattainment) and Louisville (Primary nonattainment) be redesignated to unclassifiable.

[54 FR 21063, May 16, 1989]

§ 52.1424 - Operating permits.

Emission limitations and related provisions which are established in Nebraska operating permits as Federally enforceable conditions shall be enforceable by EPA. The EPA reserves the right to deem permit conditions not Federally enforceable. Such a determination will be made according to appropriate procedures and be based upon the permit, permit approval procedures, or permit requirement which do not conform with the operating permit program requirements or the requirements of EPA underlying regulations.

[61 FR 4901, Feb. 9, 1996]

§ 52.1425 - Compliance schedules.

(a) The compliance schedules for the sources identified below are approved as revisions to the plan pursuant to § 51.104 and subpart N of this chapter. All regulations cited are air pollution control regulations of the State, unless otherwise noted.

Nebraska—Compliance Schedules

Source Location Regulation involved Date adopted Variance expiration date Final compliance date ASARCO, IncOmaha, NENebraska DEC Second Amended Administrative Order No. 753Nov. 12, 1986Not applicableFeb. 1, 1988
[41 FR 22350, June 3, 1976, as amended at 41 FR 52456, Nov. 30, 1976; 42 FR 16140, Mar. 25, 1977; 50 FR 4512, Jan. 31, 1985; 51 FR 40675, 40676, Nov. 7, 1986; 52 FR 28696, Aug. 3, 1987; 54 FR 25259, June 14, 1989]

§ 52.1426 - Original identification of plan section.

(a) This section identifies the original “Nebraska Air Quality Implementation Plan” and all revisions submitted by Nebraska that were Federally approved prior to July 1, 1998.

(b) The plan was officially submitted on January 28, 1972.

(c) The plan revisions listed below were submitted on the dates specified.

(1) Request submitted by the Governor on January 24, 1972, for a two-year extension in order to meet the primary standard for NOx in the Omaha-Council Bluffs AQCR. (Non-regulatory)

(2) Clarification of section 11 of the State plan submitted on February 16, 1972 by the Nebraska Department of Environmental Control. (Non-regulatory)

(3) A confirmation that the State does not have air quality control standards based on the enclosed disapproval of the State Attorney General was submitted on April 25, 1972 by the Nebraska Department of Environmental Control. (Non-regulatory)

(4) Revision of Rules 3 through 18 and Rule 21 and 22 submitted on June 9, 1972, by the Governor.

(5) Amendments to the Omaha Air Pollution Control Ordinance 26350 submitted on June 29, 1972, by the Governor.

(6) Letters submitted September 26 and 27, 1972, from the State Department of Environmental Control revising Rule 3 and Rule 5 of the State Rules and Regulations.

(7) Letters clarifying the application of the State emergency episode, rule 22(a), submitted October 2, 1972, by the State Department of Environmental Control. (Non-regulatory).

(8) Revision of the State air regulations to expand emission limitations to apply State-wide, change procedures for preconstruction review of new sources, change procedures for disapproving construction permits for new or modified sources and add new sulfur oxide emission standards was submitted on February 27, 1974, by the Nebraska Department of Environmental Control.

(9) Copy of the State's analysis of ambient air quality in Standard Metropolitan Statistical Areas in the State and recommendations for designation of Air Quality Maintenance Areas submitted by the Department of Environmental Control on May 9, 1974. (Non-regulatory)

(10) Compliance schedules were submitted by the Department of Environmental Control on September 13, 1974.

(11) Compliance schedules were submitted by the Department of Environmental Control on February 21, 1975.

(12) Compliance schedules were submitted by the Department of Environmental Control on May 23, 1975.

(13) Revision of regulations to include the second group of New Source Performance Standards and provide for granting of post-attainment variances and releasing of emission data was submitted on August 5, 1975, by the Governor.

(14) Compliance schedules were submitted by the Governor on August 27, 1975.

(15) Compliance schedules were submitted by the Governor on January 1, 1976.

(16) Compliance schedules were submitted by the Department of Environmental Control on January 15, 1976.

(17) Amended State law (LB1029) giving the Department of Environmental Control authority to require monitoring of emissions, require reporting of emissions and release emission data was submitted by the Governor on February 10, 1976.

(18) Compliance schedules were submitted by the Governor on April 23, 1976.

(19) Compliance schedules were submitted by the Governor on October 27, 1976.

(20) Revised Rule 17, requiring continuous opacity monitoring by power plants, was submitted on November 2, 1976, by the Governor.

(21) A plan revision to meet the requirements of 40 CFR 58.20, dealing with statewide air quality monitoring and data reporting, was submitted by the Governor on June 19, 1981.

(22) Revised Rule 13, granting an increase in the visible emission limitations for existing teepee waste wood burners and alfalfa dehydrators, was submitted by the Governor on December 29, 1977.

(23) Revision to the SIP concerning the adoption of the Lancaster County Air Pollution Control Resolution was submitted by the Governor on April 4, 1977.

(24) Revision to the SIP concerning the adoption of the revised local air pollution control ordinances for the cities of Omaha and Lincoln was submitted by the Governor on December 27, 1977.

(25) State plan revisions and corrections thereto to attain the National Ambient Air Quality Standards for total suspended particulate in Douglas and Cass Counties, designated as nonattainment under section 107 of the Clean Air Act Amendments of 1977, were submitted by the Governor on September 25, 1980, and on August 9, 1982. Included in the plan are revised Rule 6, and new Rule 5A.

(26) New Rule 18, “Compliance; Exceptions Due to Startup, Shutdown, or Malfunction,” was submitted by the Governor on August 9, 1982.

(27) A plan revision to provide for Intergovernmental Consultation and Coordination and for Public Notification was submitted to EPA by the Governor of Nebraska on August 9, 1982.

(28) A plan revision for attaining and maintaining the National Ambient Air Quality Standard for Lead in the State of Nebraska was submitted to EPA on January 9, 1981, by the Governor. Additional material was submitted by the State on August 5, 1981 and January 11, 1983. All portions of the submittals are approved except the control strategy for Omaha and the request for a two year extension to attain the lead standard in Omaha.

(29) Revisions to Rule 1, “Definitions,” and to Rule 4, “New and Complex Sources; Standards of Performance, Application for Permit, When Required;” and a new regulation: Rule 4.01, “Prevention of Significant Deterioration of Air Quality,” were submitted by the Governor on May 23, 1983; clarifying letter dated May 30, 1984.

(30) On July 24, 1984, Nebraska submitted a lead SIP for Omaha. Additional portions of the Omaha lead SIP were submitted by the State on November 17, 1983, and August 1, 1984. EPA withheld action on the enforceable control measures contained in the Omaha lead SIP, but approved all other portions.

(31) Revisions to Chapter 10 “Incinerators; Emission Standards;” Chapter 12 “Sulfur Compound Emissions; Emission Standards;” Chapter 14 “Open Fires, Prohibited; Exceptions;” and Chapter 20 “Emission Sources; Testing: Monitoring” were submitted by the Governor on October 6, 1983.

(32) Revisions to Chapter 1, “Definitions”; Chapter 4, “Reporting and Operating Permits for Existing Sources; When Required”; and Chapter 5, “New, Modified, and Reconstructed Sources; Standards of Performance, Application for Permit, When Required”, were submitted by the Governor on October 6, 1983. These revisions deleted the review requirements for complex sources of air pollution for the entire State. These review requirements were adopted by the State on February 22, 1974 (submitted on February 27, 1974) and were approved by EPA on September 9, 1975. See paragraph (c)(8) above. Approval action was taken on the deletion of these requirements except as they pertain to the Lincoln and Omaha CO nonattainment areas.

(33) A State Implementation Plan revision to provide for attainment of the carbon monoxide standard in Omaha was submitted by Governor Kerrey on April 3, 1985. Action was also taken to delete review requirements for complex sources of air pollution in Omaha; see paragraph (c)(32) of this section.

(i) Incorporation by reference.

(A) An RFP curve from page 27 of the Carbon Monoxide State Implementation Plan for Omaha, Nebraska, dated January 18, 1985.

(ii) Additional material.

(A) Narrative submittal entitled “Carbon Monoxide State Implementation Plan for Omaha, Nebraska”, including an attainment demonstration.

(B) Emission Inventory for carbon monoxide sources.

(34) A State Implementation Plan revision to provide for attainment of the carbon monoxide standard in Lincoln was submitted by Governor Kerrey on April 3, 1985. Action was also taken to delete review requirements for complex sources of air pollution in Lincoln; see paragraph (c)(32) of this section.

(i) Incorporation by reference.

(A) An RFP table from page 18 of the State Implementation Plan Revision for Carbon Monoxide for Lincoln, Nebraska, adopted on March 1, 1985.

(ii) Additional material.

(A) Narrative submittal entitled, “State Implementation Plan Revision for Carbon Monoxide for Lincoln, Nebraska”, including an attainment demonstration.

(B) Emission Inventory for carbon monoxide sources.

(35) On February 2, 1987, Nebraska submitted revisions to the lead SIP for Omaha. The revisions contained a revised demonstration of attainment of the lead standard in Omaha, a revised control strategy to provide the lead emission reductions claimed in the demonstration of attainment, and Administrative Order No. 753 dated August 22, 1985, as amended by Amended Administrative Order No. 753 dated May 9, 1986, and by Second Amended Administrative Order No. 753 dated November 12, 1986. All items in the revisions were approved.

(i) Incorporation by reference.

(A) Administrative Order 753 dated August 22, 1985, issued by the Nebraska Department of Environmental Control to ASARCO Incorporated.

(B) Amended Administrative Order 753 dated May 9, 1986, issued by the Nebraska Department of Environmental Control to ASARCO Incorporated.

(C) Second Amended Administrative Order 753 dated November 12, 1986, issued by the Nebraska Department of Environmental Control to ASARCO Incorporated.

(ii) Additional material.

(A) 1986 Revised Demonstration of Attainment and Control Measures for the Nebraska State Implementation Plan for Lead—Omaha, submitted by ASARCO Incorporated, October 3, 1986.

(36) Revisions to Chapter 1, “Definitions”, paragraphs 024, 025, 030, 037, 049; and Chapter 5, “Stack Heights: Good Engineering Practice (GEP)”, were submitted by the Governor on May 6, 1986.

(i) Incorporation by reference.

(A) Revisions to Chapter 1, “Definitions”, paragraphs 024, 025, 030, 037, 049; and Chapter 5, “Stack Heights: Good Engineering Practice (GEP)”, effective May 5, 1986.

(ii) Additional material.

(A) None.

(37) Revised Title 129 of Nebraska Air Pollution Control rules and regulations pertaining to PM10 and other rule revisions submitted by the Governor of Nebraska on June 15, 1988.

(i) Incorporation by reference.

(A) Nebraska Department of Environmental Control Title 129—Nebraska Air Pollution Control rules and regulations adopted by the Nebraska Environmental Control Council February 5, 1988, effective June 5, 1988. The following Nebraska rules are not approved: Chapter 1, definition at 013, “Best Available Control Technology”; Chapter 4, section 004.01G, except as it applies to lead; Chapter 6, section 002.04 and section 007; Appendix III except for lead; Chapter 6, section 001 pertaining to NSPS; and Chapter 12 pertaining to NESHAP.

(B) Nebraska Department of Environmental Control Title 115—Rules of Practice and Procedure, amended effective July 24, 1987.

(ii) Additional information.

(A) None.

(38) Plan revisions were submitted by the Nebraska Department of Environmental Control on March 8, 1991, which implement EPA's October 17, 1988, PSD NOX requirements.

(i) Incorporation by reference.

(A) Revisions to title 129, chapter 7, entitled “Prevention of Significant Deterioration of Air Quality,” were adopted by the Nebraska Environmental Control Council on December 7, 1990, and became effective February 20, 1991.

(ii) Additional material.

(A) Letter from the state submitted March 8, 1991, pertaining to NOX rules and analysis which certifies the material became effective on February 20, 1991.

(39) Plan revisions were submitted by the Governor of Nebraska on March 8, 1991.

(i) Incorporation by reference.

(A) Revisions to Nebraska Department of Environmental Control Title 129—Nebraska Air Pollution Control Rules and Regulations adopted by the Nebraska Environmental Control Council December 7, 1990, effective February 20, 1991. Revisions to the following sections are approved in this action: Chapter 1 (deletion of section 068), chapter 3 (deletion of “National” from the chapter title), chapter 4 (section 004.02), chapter 7 (section 001), chapter 10 (section 002), chapter 11 (section 002 and section 005), chapter 15 (section 002.07C), and chapter 16 (sections 001, 002.01, 002.02, and 002.03.)

(40) The Nebraska Department of Environmental Quality submitted the Small Business Assistance program State Implementation Plan revision on November 12, 1992.

(i) Incorporation by reference.

(A) Revision to the Nebraska State Implementation Plan for the Small Business Stationary Source Technical and Environmental Compliance Assistance Program was adopted by the state of Nebraska on November 12, 1992, and became effective on the same date.

(41) On February 16, 1994, the Director of the Nebraska Department of Environmental Quality submitted revisions to the State Implementation Plan (SIP) to create a Class II operating permit program, Part D NSR rule changes, SO2 rule corrections, and the use of enhanced monitoring.

(i) Incorporation by reference.

(A) Revised rules “Title 129—Nebraska Air Quality Regulations,” effective December 17, 1993. This revision approves all chapters except for parts of Chapters 5, 7, 8, 9, 10, 11, 12, 13, 14, and 15 that pertain to Class I permits; Chapter 17 as it relates to hazardous air pollutants; and excludes Chapters 23, 25, 26, 27, 28, 29, and 31.

(B) “Title 115—Rules of Practice and Procedure,” effective August 8, 1993, and submitted as an SIP revision on February 16, 1994.

(ii) Additional material.

(A) Letter from Nebraska to EPA Region VII dated February 16, 1994, regarding a commitment to submit information to the RACT/BACT/LAER Clearinghouse as required in section 173(d) of the Clean Air Act.

(B) Letter from Nebraska to EPA Region VII dated June 10, 1994, regarding the availability of state operating permits to EPA and specified emissions limitations in permits.

(C) Letter from Nebraska to EPA Region VII dated November 7, 1994, regarding the increase in New Source Review (NSR) permitting thresholds.

(42) A Plan revision was submitted by the Nebraska Department of Environmental Quality on June 14, 1995, which incorporates by reference EPA's regulations relating to determining conformity of general Federal actions to State or Federal Implementation Plans.

(i) Incorporation by reference.

(A) A revision to title 129, adding chapter 40, entitled “General Conformity” was adopted by the Environmental Quality Council on December 2, 1994, and became effective on May 29, 1995.

(43) On June 14, 1995, the Director of the Nebraska Department of Environmental Quality submitted revisions to the State Implementation Plan (SIP) to modify the Class II operating permit program.

(i) Incorporation by reference.

(A) Revised rules “Title 129—Nebraska Air Quality Regulations,” effective May 29, 1995. This revision applies to chapters 5, 7, 12, 17, 19, 25, 41 and deletes chapters 42, 43 and 44.

(ii) Additional material.

(A) None.

(44) On May 31 and June 2, 1995, the Director of the Nebraska Department of Environmental Quality (NDEQ) submitted revisions to the SIP to update the local ordinances of the Lincoln-Lancaster County Health Department and city of Omaha, respectively, and to create Federally enforceable Class II operating permit programs for these agencies.

(i) Incorporation by reference.

(A) 1993 Lincoln-Lancaster County Air Pollution Control Program, Version March 1995, effective May 16, 1995. This includes the following citations: Article I (except Section 6); Article II, Sections 1-12, 14-17, 19-20, 22, 24-25, 32-38; and Appendix I.

(B) Ordinance No. 33102 dated November 2, 1993, which adopts Chapter 41, Article I, Sections 41-4 through 41-6; 41-9; 41-10; Article II, Sections 41-23; 41-27; 41-38; and 41-40 and Article IV of the Omaha Municipal Code. Ordinance No. 33506 dated March 21, 1995, amends Chapter 41, Article I, Sections 41-2 and 41-9 of the Omaha Municipal Code and adopts Title 129, Nebraska Air Quality Regulations, approved December 2, 1994.

(ii) Additional material.

(A) Letter from the city of Omaha dated September 13, 1995, regarding adequate authority to implement section 112(l).

(B) Letter from the NDEQ dated November 9, 1995, regarding rule omissions and PSD.

(45) A revision to the Nebraska SIP to reduce lead emissions in the Omaha lead nonattainment area sufficient to bring that area back into attainment with the lead National Ambient Air Quality Standard.

(i) Incorporation by reference.

(A) Amended Complaint and Compliance Order Case No. 1520, signed June 6, 1996, except for paragraph 19 and accompanying work practice manual in Appendix A.

(ii) Additional material.

(A) Supplemental document entitled, “Methods for Determining Compliance” submitted by the state to provide additional detail regarding the compliance methods for this Order.

[37 FR 10877, May 31, 1972. Redesignated at 64 FR 7103, Feb. 12, 1999] Editorial Note:For Federal Register citations affecting § 52.1426, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

§ 52.1427 - Operating permits.

Emission limitations and related provisions which are established in the city of Omaha and Lincoln-Lancaster operating permits as Federally enforceable conditions shall be enforceable by EPA. The EPA reserves the right to deem permit conditions not Federally enforceable. Such a determination will be made according to appropriate procedures and be based upon the permit, permit approval procedures, or permit requirement which do not conform with the operating permit program requirements or the requirements of EPA underlying regulations.

[61 FR 5701, Feb. 14, 1996]

§ 52.1428 - Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of nitrogen oxides?

(a) The owner and operator of each source and each unit located in the State of Nebraska and Indian country within the borders of the State and for which requirements are set forth under the CSAPR NOX Annual Trading Program in subpart AAAAA of part 97 of this chapter must comply with such requirements. The obligation to comply with such requirements with regard to sources and units in the State will be eliminated by the promulgation of an approval by the Administrator of a revision to Nebraska's State Implementation Plan (SIP) as correcting the SIP's deficiency that is the basis for the CSAPR Federal Implementation Plan under § 52.38(a) for those sources and units, except to the extent the Administrator's approval is partial or conditional. The obligation to comply with such requirements with regard to sources and units located in Indian country within the borders of the State will not be eliminated by the promulgation of an approval by the Administrator of a revision to Nebraska's SIP.

(b) Notwithstanding the provisions of paragraph (a) of this section, if, at the time of the approval of Nebraska's SIP revision described in paragraph (a) of this section, the Administrator has already started recording any allocations of CSAPR NOX Annual allowances under subpart AAAAA of part 97 of this chapter to units in the State for a control period in any year, the provisions of subpart AAAAA of part 97 of this chapter authorizing the Administrator to complete the allocation and recordation of CSAPR NOX Annual allowances to units in the State for each such control period shall continue to apply, unless provided otherwise by such approval of the State's SIP revision.

[76 FR 48369, Aug. 8, 2011, as amended at 80 FR 55272, Sept. 15, 2015; 81 FR 74586, 74598, Oct. 26, 2016]

§ 52.1429 - Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of sulfur dioxide?

(a) The owner and operator of each source and each unit located in the State of Nebraska and Indian country within the borders of the State and for which requirements are set forth under the CSAPR SO2 Group 2 Trading Program in subpart DDDDD of part 97 of this chapter must comply with such requirements. The obligation to comply with such requirements with regard to sources and units in the State will be eliminated by the promulgation of an approval by the Administrator of a revision to Nebraska's State Implementation Plan (SIP) as correcting the SIP's deficiency that is the basis for the CSAPR Federal Implementation Plan under § 52.39 for those sources and units, except to the extent the Administrator's approval is partial or conditional. The obligation to comply with such requirements with regard to sources and units located in Indian country within the borders of the State will not be eliminated by the promulgation of an approval by the Administrator of a revision to Nebraska's SIP.

(b) Notwithstanding the provisions of paragraph (a) of this section, if, at the time of the approval of Nebraska's SIP revision described in paragraph (a) of this section, the Administrator has already started recording any allocations of CSAPR SO2 Group 2 allowances under subpart DDDDD of part 97 of this chapter to units in the State for a control period in any year, the provisions of subpart DDDDD of part 97 of this chapter authorizing the Administrator to complete the allocation and recordation of CSAPR SO2 Group 2 allowances to units in the State for each such control period shall continue to apply, unless provided otherwise by such approval of the State's SIP revision.

[76 FR 48369, Aug. 8, 2011, as amended at 80 FR 55272, Sept. 15, 2015; 81 FR 74586, 74598, Oct. 26, 2016]

§§ 52.1430-52.1435 - §[Reserved]

§ 52.1436 - Significant deterioration of air quality.

The requirements of sections 160 through 165 of the Clean Air Act are met except as noted in paragraphs (a) and (b) of this section. The EPA is retaining § 52.21 except paragraph (a)(1) as part of the Nebraska SIP for the following types of sources:

(a) Sources proposing to construct on Indian lands in Nebraska; and,

(b) Enforcement of permits issued by EPA prior to the July 28, 1983, delegation of authority to Nebraska.

[49 FR 29599, July 23, 1984, as amended at 68 FR 11323, Mar. 10, 2003; 68 FR 74489, Dec. 24, 2003]

§ 52.1437 - Visibility protection.

(a) Regional Haze. The requirements of section 169A of the Clean Air Act are not met because the regional haze plan submitted by Nebraska on July 13, 2011, does not include approvable measures for meeting the requirements of 40 CFR 51.308(d)(3) and 51.308(e) with respect to emissions of SO2 from Nebraska Public Power District, Gerald Gentleman Station, Units 1 and 2. EPA has disapproved the provisions of the July 13, 2011 SIP pertaining to the SO2 BART determination for this facility, including those provisions of the long-term strategy addressing the SO2 BART measures for these units.

(b) Measures Addressing Partial Disapproval Associated with SO2. The deficiencies associated with the SO2 BART determination for Nebraska Public Power District, Gerald Gentleman Station, Units 1 and 2 identified in EPA's partial disapproval of the regional haze plan submitted by Nebraska on July 13, 2011, are satisfied by § 52.1429.

[77 FR 40169, July 6, 2012]