Nebraska New Source Review regulations & environmental compliance analysis

Nebraska New Source Review : What you need to know

Governing Law and Regulations

Construction permits: Nebraska Administrative Code (NAC) 129-17

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Nonattainment new source review (NSR): 40 CFR 81.328 and NAC 129-17-013

Prevention of significant deterioration (PSD): NAC 129-14-010 and NAC 129-19

Regulatory Agency

Nebraska Department of Environmental Quality (NDEQ) Air Quality Division (AQD)

See ADDRESSES & CONTACTS for addresses and telephone numbers.

Comparison: State vs. Federal

· Rules. Nebraska requires new and modified sources to apply for and obtain a construction permit. A construction permit must be obtained before the modification of an existing source or the installation of a new emissions source begins.

Nebraska is currently in attainment with all of the National Ambient Air Quality Standards (NAAQS) for the various criteria pollutants. Therefore, new major sources and major modifications to existing sources are not subject to the requirements of nonattainment new source review (NSR) at this time. However, such sources and changes are subject to prevention of significant deterioration (PSD) requirements. The state administers a state implementation plan (SIP)-approved PSD program. The Nebraska PSD regulations follow the current federal PSD requirements. See the national section NEW SOURCE REVIEW for more information on nonattainment NSR and PSD.

Major sources must also comply with the Title V operating permit program. For additional information on major source operating permits, including Title V and synthetic minor operating permits, see the state section TITLE V.

· Administration and enforcement. The Air Quality Division of the Nebraska Department of Environmental Quality administers and enforces the state’s air permit program.

State Requirements


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