Nebraska Air Permitting Issues

Nebraska has a Title V permit program in place. Sources with the potential to emit more than 100 tons of VOC per year, or 10 tons of one hazardous air pollutant (HAPs) or 25 tons of a combination of HAPs are required to apply for a Title V permit. The state's program does contain provisions for a synthetic minor designation. Synthetic minors are those facilities that agree to federally enforceable limits that restrict their potential to emit to less than the major source threshold.

The state's program includes the option of obtaining a general permit. A general permit is a permit issued to a group of similar sources. Nebraska offers the option of a general permit to Class I and Class II sources. Class I sources are major sources of hazardous air pollutants. A Class I operating permit is required if your facility has the potential to emit any air pollutant in quantities greater than 100 tons per year. Lower thresholds exist for hazardous air pollutants--10 tpy of any one HAP or 25 tpy of a combination of HAPs; and 5 tpy of lead.

A Class II operating permit may be used if your facility has the potential to emit below the major source Class I criteria, but has actual emissions more than 50 tpy of PM10, NOx, SOx, VOC or CO; 5 tpy of any one HAP or 12.5 tpy of a combination of HAPs; and 2.5 tpy of lead. Sources with actual VOC emissions over 50 tons year are required to obtain a permit.

Facilities are exempt from obtaining an operating permit if actual VOC emissions are below 50 tons and the facility has submitted a demonstration and maintains records on site, updated at least monthly, for at least five years that actual emissions do not exceed the levels specified in section Title 129, Chapter 5, 001.02A.

Title 129, Chapter 5, Section 001.03B establishes the Low Emitter Rule. Under the Low Emitter Rule, a source can be exempted from the duty to obtain an operating permit, provided that the source meets all the provisions in Title 129, Chapter 5, Section 001.03B. To be eligible for the Low Emitter Rule, a source must meet the following criteria:

• The source must have potential-to-emit (PTE) above the Class I (major) source thresholds specified in Title 129, Chapter 2.
• The source must demonstrate that actual emissions from the source have not exceeded the Class II thresholds specified in Title 129, Chapter 5, Section 001.02 for at least five (5) years.

All sources that require a permit must file an emissions report by July 1 of each year.