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Electronic Code of Federal Regulations

e-CFR Data is current as of October 30, 2014

Title 40Chapter ISubchapter CPart 52 → Subpart CC


Title 40: Protection of Environment
PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED)


Subpart CC—Nebraska


Contents
§52.1420   Identification of Plan.
§52.1421   Classification of regions.
§52.1422   Approval status.
§52.1423   PM10 State implementation plan development in group II areas.
§52.1424   Operating permits.
§52.1425   Compliance schedules.
§52.1426   Original identification of plan section.
§52.1427   Operating permits.
§52.1428   Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of nitrogen oxides?
§52.1429   Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of sulfur dioxide?
§§52.1430-52.1435   [Reserved]
§52.1436   Significant deterioration of air quality.
§52.1437   Visibility protection.

§52.1420   Identification of Plan.

Link to an amendment published at 79 FR 62843, October 21, 2014.

Link to an amendment published at 79 FR 62843, October 21, 2014.

(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 July 1, 2009, 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 July 1, 2009, 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 July 1, 2009.

(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 EPA Air and Radiation Docket and Information Center, EPA West Building, 1301 Constitution Avenue NW., Washington, DC 20460; or at the National Archives and Records Administration (NARA). If you wish to obtain material from the EPA Regional Office, please call (800) 223-0425 or (913) 551-7122; for material from a docket in EPA Headquarters Library, please call the Office of Air and Radiation Docket at (202) 566-1742. For information on the availability of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

(c) EPA-approved regulations.

EPA-Approved Nebraska Regulations

Nebraska
citation
TitleState effective dateEPA approval dateExplanation
STATE OF NEBRASKA
Department of Environmental Quality
Title 129—Nebraska Air Quality Regulations
129-1Definitions4/1/20128/4/2014, 79 FR 45110
129-2Definition of Major Source3/14/20063/22/2011, 76 FR 15852
129-3Region and Subregions6/26/941/4/95, 60 FR 372
129-4Ambient Air Quality Standards4/1/02
7/10/02
7/8/03, 68 FR 40528
129-5Operating Permit11/20/029/5/03, 68 FR 52691Section 001.02 is not SIP approved.
129-6Emissions Reporting11/20/029/5/03, 68 FR 52691
129-7Operating Permits—Application8/22/005/29/02, 67 FR 37325
129-8Operating Permit Content8/22/005/29/02, 67 FR 37325
129-9General Operating Permits for Class I and II Sources6/26/941/4/95, 60 FR 372
129-10Operating Permits for Temporary Sources9/7/971/20/00, 65 FR 3130
129-11Operating Permits—Emergency; Defense6/26/941/4/95, 60 FR 372
129-12Operating Permit Renewal and Expiration5/29/952/9/96, 61 FR 4899
129-13Class I Operating Permit—EPA Review; Affected States Review; Class II Permit6/26/941/4/95, 60 FR 372
129-14Permits: Public Participation2/6/20083/22/2011, 76 FR 15852
129-15Permit Revisions; Reopening for Cause2/6/20083/22/2011, 76 FR 15852
129-16Stack Heights; Good Engineering Practice (GEP)12/15/985/29/02, 67 FR 37325
129-17Construction Permits—When Required4/1/20128/4/2014, 79 FR 45110Approval does not include Nebraska's revisions to sections 001.02T and 013.04T pertaining to ethanol production facilities, which were not submitted by the State.
129-19Prevention of Significant Deterioration of Air Quality4/1/20128/4/2014, 79 FR 45110Provisions of the 2010 PM2.5 PSD—Increments, SILs and SMCs rule (75 FR 64865, October 20, 2010) relating to SILs and SMCs that were affected by the January 22, 2013 U.S. Court of Appeals decision are not SIP approved.
129-20Particulate Emissions; Limitations and Standards (Exceptions Due to Breakdowns or Scheduled Maintenance: See Chapter 35)2/7/043/31/05, 70 FR 16426
129-21Controls for Transferring, Conveying, Railcar and Truck Loading at Rock Processing Operations in Cass County7/10/027/8/03, 68 FR 40528
129-22Incinerators; Emission Standards9/7/971/20/00, 65 FR 3130
129-24Sulfur Compound Emissions, Existing Sources Emission Standards6/26/941/4/95, 60 FR 372
129-25Nitrogen Oxides (Calculated as Nitrogen Dioxide); Emissions Standards for Existing Stationary Sources9/7/971/20/00, 65 FR 3130
129-30Open Fires, Prohibited; Exceptions9/25/058/11/10, 75 FR 48582.
129-32Dust; Duty to Prevent Escape of6/26/941/4/95, 60 FR 372
129-33Compliance; Time Schedule for6/26/941/4/95, 60 FR 372
129-34Emission Sources; Testing; Monitoring5/7/057/10/06, 71 FR 38776
129-35Compliance; Exceptions Due to Startup, Shutdown, or Malfunction9/7/971/20/00, 65 FR 3130
129-36Control Regulations; Circumvention, When Excepted6/26/941/4/95, 60 FR 372
129-37Compliance; Responsibility6/26/941/4/95, 60 FR 372
129-38Emergency Episodes; Occurrence and Control, Contingency Plans6/26/941/4/95, 60 FR 372
129-39Visible Emissions from Diesel-powered Motor Vehicles6/26/941/4/95, 60 FR 372
129-40General Conformity5/29/952/12/96, 61 FR 5297
129-41General Provisions12/15/985/29/02, 67 FR 37325
129-42Permits-By-Rule11/20/02
4/8/03
5/7/05
7/10/06, 71 FR 38776
129-43Consolidated with Chapter 415/29/952/9/96, 61 FR 4899
129-44Consolidated with Chapter 415/29/952/9/96, 61 FR 4899
Appendix IEmergency Emission Reductions6/26/941/4/95, 60 FR 372
Appendix IIHazardous Air Pollutants (HAPS)5/7/057/10/06, 71 FR 38776
Title 115—Rules of Practice and Procedure
115-1Definitions of Terms8/8/931/4/95, 60 FR 372
115-2Filing and Correspondence8/8/931/4/95, 60 FR 372
115-3Public Records Availability8/8/931/4/95, 60 FR 372
115-4Public Records Confidentiality8/8/931/4/95, 60 FR 372
115-5Public Hearings8/8/931/4/95, 60 FR 372
115-6Voluntary Compliance8/8/931/4/95, 60 FR 372
115-7Contested Cases8/8/931/4/95, 60 FR 372
115-8Emergency Proceeding Hearings8/8/931/4/95, 60 FR 372
115-9Declaratory Rulings8/8/931/4/95, 60 FR 372
115-10Rulemaking8/8/931/4/95, 60 FR 372
115-11Variances8/8/931/4/95, 60 FR 372
Lincoln-Lancaster County Air Pollution Control Program
Article 1—Administration and Enforcement
Section 1Intent5/16/952/14/96, 61 FR 5699
Section 2Unlawful Acts—Permits Required5/16/952/14/96, 61 FR 5699
Section 3Violations—Hearings—Orders5/16/952/14/96, 61 FR 5699
Section 4Appeal Procedure5/16/952/14/96, 61 FR 5699
Section 5Variance5/16/952/14/96, 61 FR 5699
Section 7Compliance—Actions to Enforce—Penalties for Non-Compliance5/16/952/14/96, 61 FR 5699
Section 8Procedure for Abatement5/16/952/14/96, 61 FR 5699
Section 9Severability5/16/952/14/96, 61 FR 5699
Article 2—Regulations and Standards
Section 1Definitions8/11/981/20/00, 65 FR 3130
Section 2Major Sources—Defined8/11/981/20/00, 65 FR 3130
Section 4Ambient Air Quality Standards5/16/952/14/96, 61 FR 5699
Section 5Operating Permits—When Required8/11/981/20/00, 65 FR 3130
Section 6Emissions Reporting—When Required8/11/981/20/00, 65 FR 3130
Section 7Operating Permit—Application8/11/981/20/00, 65 FR 3130
Section 8Operating Permit—Content8/11/981/20/00, 65 FR 3130
Section 9General Operating Permits for Class I and II Sources5/16/952/14/96, 61 FR 5699
Section 10Operating Permits for Temporary Services5/16/952/14/96, 61 FR 5699
Section 11Emergency Operating Permits—Defense5/16/952/14/96, 61 FR 5699
Section 12Operating Permit Renewal and Expiration5/16/952/14/96, 61 FR 5699
Section 14Permits—Public Participation5/16/952/14/96, 61 FR 5699
Section 15Operating Permit Modifications—Reopening for Cause8/11/981/20/00, 65 FR 3130
Section 16Stack—Heights—Good Engineering Practice (GEP)5/16/952/14/96, 61 FR 5699
Section 17Construction Permits—When Required8/11/981/20/00, 65 FR 3130
Section 19Prevention of Significant Deterioration of Air Quality5/16/952/14/96, 61 FR 5699
Section 20Particulate Emissions—Limitations and Standards3/31/971/20/00, 65 FR 3130
Section 22Incinerator Emissions5/16/952/14/96, 61 FR 5699
Section 24Sulfur Compound Emissions—Existing Sources—Emission Standards5/16/952/14/96, 61 FR 5699
Section 25Nitrogen Oxides (Calculated as Nitrogen Dioxide)—Emissions Standards for Existing Stationary Sources5/16/952/14/96, 61 FR 5699
Section 32Dust—Duty to Prevent Escape of3/31/971/20/00, 65 FR 3130
Section 33Compliance—Time Schedule for5/16/952/14/96, 61 FR 5699
Section 34Emission Sources—Testing—Monitoring5/16/952/14/96, 61 FR 5699
Section 35Compliance—Exceptions Due to Startup Shutdown or Malfunction5/16/952/14/96, 61 FR 5699
Section 36Control Regulations—Circumvention—When Expected5/16/952/14/96, 61 FR 5699
Section 37Compliance—Responsibility of Owner/Operator Pending Review by Director5/16/952/14/96, 61 FR 5699
Section 38Emergency Episodes—Occurrence and Control—Contingency Plans5/16/952/14/96, 61 FR 5699
Appendix IEmergency Emission Reduction Regulations5/16/952/14/96, 61 FR 5699
City of Omaha
Chapter 41—Air Quality Control
Article I In General
41-2Adoption of State Regulations with Exceptions4/1/981/20/00, 65 FR 3130
41-4Enforcement—Generally5/29/952/14/96, 61 FR 5699
41-5Same Health Department5/29/952/14/96, 61 FR 5699
41-6Residential Exemptions5/29/952/14/96, 61 FR 5699
41-9Penalties5/29/952/14/96, 61 FR 5699
41-10Civil Enforcement5/29/952/14/96, 61 FR 5699
Article II—Permitting of Air Contaminant Sources
41-23Prerequisite to Approval5/29/952/14/96, 61 FR 5699
41-27Signature Required; Guarantee5/29/952/14/96, 61 FR 5699
41-38Funds5/29/952/14/96, 61 FR 5699
41-40Fees—When Delinquent5/29/952/14/96, 61 FR 5699
Article IV—Waste Incinerators Division 1. Generally
41-60Definitions5/29/952/14/96, 61 FR 5699
41-61Violations5/29/952/14/96, 61 FR 5699
Article IV—Waste Incinerators Division 2. Emissions
41-70New or Modified Facilities5/29/952/14/96, 61 FR 5699
41-71Existing Facilities5/29/952/14/96, 61 FR 5699
41-72Emission Testing5/29/952/14/96, 61 FR 5699
Article IV—Waste Incinerators Division 3. Design
41-80New or Modified Waste Incinerators5/29/952/14/96, 61 FR 5699
41-81Existing Incinerators5/29/952/14/96, 61 FR 5699

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

EPA-Approved Nebraska Source-Specific Requirements

Name of sourcePermit No.State effective dateEPA approval dateExplanation
(1) Gould, Inc67711/9/831/31/85, 50 FR 4510
(2) Asarco, Inc15206/6/963/20/97, 62 FR 13329The EPA did not approve paragraph 19.
(3) Nebraska Public Power District, Gerald Gentleman StationCP07-00505/11/107/6/2012, 78 FR 40168EPA has only approved the elements of the permit pertaining to NOX requirements.
(4) Omaha Public Power District, Nebraska City StationCP07-00492/26/097/6/2012, 78 FR 40168

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

EPA-Approved Nebraska Nonregulatory Provisions

Name of nonregulatory SIP provisionApplicable geographic or nonattainment areaState submittal dateEPA approval dateExplanation
(1) Air Quality Implementation PlanStatewide1/28/725/31/72, 37 FR 10842
(2) Confirmation That the State Does Not Have Air Quality Control Standards Based on Attorney General's DisapprovalStatewide4/25/725/31/72, 37 FR 10842
(3) Request for Two-Year Extension to Meet the Primary NOX StandardOmaha1/24/727/27/72, 37 FR 15080
(4) Clarification of Section 11 of the State's PlanStatewide2/16/727/27/72, 37 FR 15080
(5) Letters Clarifying the Application of the State's Emergency Episode RuleOmaha10/2/725/14/73, 38 FR 12696
(6) Analysis of Ambient Air Quality in Standard Metropolitan Statistical Areas and Recommendations for Air Quality Maintenance AreasOmaha, Lincoln, Sioux City5/9/746/2/75, 40 FR 23746
(7) Amended State Law (LB1029) Giving the Department of Environmental Quality Authority to Require Monitoring of Emissions, Reporting of Emissions and Release of Emissions DataStatewide2/10/766/23/76, 41 FR 25898
(8) Air Monitoring PlanStatewide6/19/8110/6/81, 46 FR 49122
(9) TSP Nonattainment PlanDouglas and Cass Counties9/25/80
8/9/82
3/28/83, 48 FR 12715
(10) Plan for Intergovernmental Consultation and Coordination and for Public NotificationStatewide8/9/827/5/83, 48 FR 30631
(11) Lead PlanStatewide except Omaha1/9/81
8/5/81
1/11/83
11/29/83, 48 FR 53697The plan was approved except that portion pertaining to Omaha.
(12) Lead Nonattainment PlanOmaha7/24/84
11/17/83
8/1/84
1/31/85, 50 FR 4510
(13) CO Nonattainment PlanOmaha4/3/859/15/86, 51 FR 32640
(14) CO Nonattainment PlanLincoln4/3/859/19/86, 51 FR 33264
(15) Revised Lead Nonattainment PlanOmaha2/2/878/3/87, 52 FR 28694
(16) Letter Pertaining to NOX Rules and Analysis Which Certifies the Material Became Effective on February 20, 1991Statewide3/8/917/2/91, 56 FR 30335State submittal date is date of the letter.
(17) Small Business Assistance ProgramStatewide11/12/928/30/93, 58 FR 45452
(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 ThresholdsStatewide2/16/941/4/95, 60 FR 372
(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, Lincoln9/13/95
11/9/95
2/14/96, 61 FR 5725State submittal dates are dates of letters.
(20) Lincoln Municipal Code, Chapter 8.06.140 and 8.06.145City of Lincoln2/5/991/20/00, 65 FR 3130
(21) Lancaster Co. Resolution 5069, Sections 12 and 13Lancaster County2/5/991/20/00, 65 FR 3130
(22) Nebraska Lead Maintenance SIPOmaha1/18/014/20/01, 66 FR 20196
(23) CAA 110(1)(2)(D)(i) SIP—Interstate TransportStatewide5/18/0712/17/07, 72 FR 71245
(24) Section 110(a)(2)
Infrastructure Requirements for the 1997 8-Hour Ozone NAAQS
Statewide12/7/077/8/11
76 FR 40258
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 periodStatewide6/30/117/6/2012, 78 FR 40150The 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.

[64 FR 7103, Feb. 12, 1999, as amended at 65 FR 3133, Jan. 20, 2000; 66 FR 20199, Apr. 20, 2001; 67 FR 37327, May 29, 2002; 68 FR 40530, July 8, 2003; 68 FR 52694, Sept. 5, 2003; 68 FR 67046, Dec. 1, 2003; 70 FR 16429, Mar. 31, 2005; 71 FR 38779, July 10, 2006; 72 FR 71247, Dec. 17, 2007; 74 FR 37940, July 30, 2009; 75 FR 48584, Aug. 11, 2010; 76 FR 15855, Mar. 22, 2011; 76 FR 40261, July 8, 2011; 77 FR 40168, July 6, 2012; 78 FR 37976, June 25, 2013; 79 FR 45110, Aug. 4, 2014]

§52.1421   Classification of regions.

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

Air quality control regionPollutant
Particulate matterSulfur oxidesNitrogen dioxideCarbon monoxidePhotochemical 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

SourceLocationRegulation involvedDate adoptedVariance expiration dateFinal 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 Enviromental 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 and amended 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.fdsys.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 TR 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 in part the SIP's deficiency that is the basis for the TR Federal Implementation Plan under §52.38(a), 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 TR 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 TR 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]

§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 TR 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 in part the SIP's deficiency that is the basis for the TR Federal Implementation Plan under §52.39, 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 TR 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 TR 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]

§§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]



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