U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-290 276
Air Pollution Regulations in
State Implementation Plans: Nebraska
Abcor Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC
Aug 78
-------
SEFA
PB 290276
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-450/3-78-077
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
Nebraska
REPRODUCED 8V
NATIONAL TECHNICAL
INFORMATION SERVICE
-------
TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing)
1. REPORT NO.
EPA-450/3-78- 077
4. TITLE AND SUBTITLE
Air Pollution Regulations in State Implementation
•Plans: Nebraska
3. RECIPIENT'S ACCESSIOI»NO.
pB 240 27&
. REPORT DAT! '
6. PERFORMING ORGANIZATION CODE
August 1978
7. AUTHOR(S)
8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Wai den Division of Abcor, Inc.
Wilmington, Mass.
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-2890
12. SPONSORING AGENCY NAME AND ADDRESS
13. TYPE OF REPORT AND PERIOD COVERED
Control Programs Development Division
Office of Air Quality Planning and Standards
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell, Control Programs Development Division
16. ABSTRACT
This document has been produced in compliance with Section 110(h)(l) of the Clean Air
Act amendments of 1977. The Federally enforceable regulations contained in the State
Implementation Plans (SIPs) have been compiled for all 56 States and territories
(with the exception of the Northern Mariana Islands). They consist of both the
Federally approved State and/or local air quality regulations as indicated in the
Federal Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of the above
categories as of January 1,1978, have been incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air quality regulations
which have not been Federally approved as of January 1, 1978, are not included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
17.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
b.lDENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group
Air pollution
Federal Regulations
Pollution
State Implementation Plans
18. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
19. SECURITY CLASS (ThisReport)
Unclassified
20. SECURITY CLASS (This page/
Unclassified
22. PRICE
a? 7
r:
EPA Form 2220-1 (9-73)
-------
EPA-450/3-78-077
Air Pollution Regulations
in State Implementation Plans:
Nebraska
by
Walden Division of Abcor, Inc.
Wilmington, Massachusetts
Contract No. 68-02-2890
EPA Project Officer: Bob Schell
Prepared for
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Air, Noise, and Radiation
Office of Air Quality Planning and Standards
Research Triangle Park, North Carolina 27711
August 1978
-------
This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers. Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 68-02-2890. The contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc. The opinions,
findings, and conclusions expressed are those of the author and not
necessarily those of the Environmental Protection Agency. Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
Publication No. EPA-450/3-78-077
11
-------
INTRODUCTION
This document has been produced in compliance with Section 110(h)(l)
of the Clean Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated. As
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceability of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation. Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations contained in an applicable SIP
are Federally enforceable. More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities or projects. Therefore, the
Federally promulgated indirect source regulations appearing in this
document are not enforceable by EPA except as they relate to Federal
facilities.
Since State air quality regulations vary widely in their organization,
content, and language, a standardized subject index is utilized in this
document. Index listings consist of both contaminant and activity oriented
categories to facilitate usage. For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), particu-
late matter process weight (50.1.1), or copper smelters (51.15). Federal
regulations pertaining to a given State immediately follow the approved
State and local regulations.
Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document. Specifically,
the summary sheets contain the date of submittal to EPA of each revision
in
-------
to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EPA. Finally, a brief description
or reference of the regulation which was submitted is also included.
This document is not intended to provide a tool for determining
the enforceability of any given regulation. As stated above, it is
intended to provide a comprehensive compilation of those regulations
which are incorporated directly or by reference into Title 40, Part 52,
of the Code of Federal Regulations. Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the
enforceability of the regulation. Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
IV
-------
SUMMARY SHEET
OF
EPA-APPROVED STATE AND LOCAL REGULATIONS
NEBRASKA
Submittal Date
1/28/72
8/5/75
Approved Date
5/31/72
6/23/77
11/2/76
5/18/77
Description
Regulation for
city of Omaha
and Lincoln-
Lancaster County.
New regulations
for the state
(Note: supercedes
all previous state
regulations.)
Rule 17
FEDERAL REGULATIONS
Section No.
52.1429
52.1436
Description
Source Surveillance: Regulation
for Control of Visible Emissions.
Regulation for Prevention of
Significant Deterioration of Air
Quality.
-------
DOCUMENTATION OF CURRENT EPA-APPROVED
STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
1.0 DEFINITIONS
2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES, OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
4.1 PARTICULATES
4.2 SULFUR DIOXIDE
4.3 NITRIC OXIDES
4.4 HYDROCARBONS
4.5 CARBON MONOXIDE
4.6 OXIDANTS
4.7 OTHERS
5.0 VARIANCES
6.0 COMPLIANCE SCHEDULES
7.0 EQUIPMENT MALFUNCTION AND MAINTENANCE
8.0 EMERGENCY EPISODES
9.0 AIR QUALITY SURVEILLANCE AND SOURCE TESTING
10.0 NEW SOURCE PERFORMANCE STANDARDS
11.0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0 MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0 RECORD KEEPING AND REPORTING
14.0 PUBLIC AVAILABILITY OF DATA
15.0 LEGAL AUTHORITY AND ENFORCEMENT
16.0 HEARINGS, COMPLAINTS, AND INVESTIGATIONS
17.0 PREVENTION OF SIGNIFICANT DETERIORATION
18.0 AIR QUALITY MAINTENANCE AREA
19.0 - 49.0
RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0 POLLUTANT - SPECIFIC REGULATIONS
50.1 PARTICULATES
50.1.1 PROCESS WEIGHT
50.1.2 VISIBLE EMISSIONS
50.1.3 GENERAL
VI
-------
50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb, Hg, etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (includes Grain Handling, Orchard Heaters,
Rice and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Particulates
(includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (includes
Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
51.9 INCINERATION
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (includes Related Topic)
51.13 OPEN BURNING (includes Forest Management, Forest Fire, Fire
Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (includes Related Topics)
51.15 PETROLEUM REFINERIES
51.16 PETROLEUM STORAGE (includes Loading, Unloading, Handling and
Related Topics)
51.17 SECONDARY METAL OPERATIONS (includes Aluminum, Steel and Related
Topics)
51.18 SULFURIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS
VII
-------
TABLE OF CONTENTS
Revised Standard
Subject Index
(1.0)
(2.0)
(13.0)
(10.0)(3.0)
STATE
Rule
Number
Rule 1
Rule 2
Rule 3
Rule 4
REGULATIONS
Title
Definitions
Regions and Subregions:
How Classified
Reporting; When Required
New and Complex Sources;
Page
1
7
8
Standards of Performance,
Application For Permit, When
Required 10
(50.1) Rule 5 Process Operations; Particulate
Emission Limitations For
Existing Sources 13
(51.5) Rule 6 Fuel Burning Equipment;
Particulate Emissions Limi-
tations For Existing Sources 15
(51.9) Rule 7 Incinerators: Emission
Standards 16
(11.0) Rule 8 Hazardous Air Pollutants;
Emission Standards 16
(50.2) Rule 9 Sulfur Compound Emissions;
Emission Standards 17
(50.3) Rule 10 Nitrogen Oxides (Calculated As
Nitrogen Dioxide); Emission
Standards For Existing Sources 18
(51.13) Rule 11 Open Fires, Prohibited;
Exceptions 18
(51.13) Rule 12 Responsibility; Defined 20
(50.1.2) Rule 13 Visible Emissions; Prohibited
(Exceptions: See Rule 18) 20
VIII
-------
Revised Standard
Subject Index
(50.1.3)
(6.0)
(5.0)
(9.0)
(7.0)
(2.0)
(2.0)
(8.0)
(14.0)
(12.0)
(15.0)
(2.0)
(16.0)
(2.0)
(2.0)
(8.0)
(8.0)
Rule
Number
Rule 14
Rule 15
Rule 16
Rule 17
Rule 18
Rule 19
Rule 20
Rule 21
Rule 22
Rule 23
Rule 24
Rule 25
Rule 26
Rule 27
Rule 28
Appendix I
6.3.0
Title
Dust; Duty to Prevent Escape Of
Compliance; Time Schedule For
Variance; Revision of State
Plan
Emission Sources; Testing;
Monitoring
Compliance; Exceptions Due To
Breakdowns or Scheduled
Maintenance
Control Regulations; Circum-
vention, When Excepted
Compliance; Responsibility of
Owner/Operator Pending Review
By Director
Emergency Episodes; Occurrence
and Control, Contigency Plans
Emission Data; Availability
To Public
Visible Emissions From Diesel-
Powered Motor Vehicles
Compliance; Actions to Enforce,
Penalties For Non-Compliance
Severability
Appeals
Amendment or Repeal
Effective Date and Repeal of
Earlier Rules
Emergency Emission Reduction
Page
20
21
23
24
26
27
27
28
32
32
33
33
33
33
36
36
Regulations
36
IX
-------
Revised Standard
Subject Index
(8.0)
Revised Standard
Subject Index
(2.0)
(1.0)
(2.0)
(3.0)
(3.0)
(3.0)
(2.0)
(3.0)
(2.0)
(9.0)
(9.0)
(6.0)(15.0)
(2.0)
(2.0)
(5.0)
(6.0)
(50.1.2)
Rule
Number
6.4.0
CITY
Section
Number
45.04.010
45.04.020
45.04.030
45.04.040
45.04.050
45.04.060
45.04.070
45.04.080
45.04.090
45.04.100
45.04.110
45.04.120
45.04.130
45.04.140
45.04.150
45.04.160
45.04.170
Title
Emergency Action Center
Communication and Control
Procedures
OF OMAHA
Title
Statement of Policy
Definitions
Administration
Registration of Existing Air
Contaminant Sources
Registration of New Air
Contaminant Sources
Signature Required - Guarantee
Information Required
Certificate of Approval -
Required
Exceptions
Inspections
Sampling and Testing
Abatement and Compliance
Air Quality Control Board of
Variances and Appeals
Right of Appeal
Variances
Date of Compliance
Restriction of Emission of
Page
43
Page
56
56
60
61
61
61
62
63
64
64
64
65
66
67
67
69
Visible Air Contaminants
69
-------
Revised Standard
Subject Index
(51.5)
(50.1)
(51.9)
(51.13)
(51.21)
(50.6)
(8.0)
(16.0)
(2.0)
Secti on
Number Title Page
45.04.180 Restriction of Emission of Air
Contaminants From Fuel Burning
Equipment 70
45.04.190 Restriction of Emission of Air
Contaminants From Industrial
Process Equipment and Industrial
Processes 72
45.04.200 Restriction of Emission of Air
Contaminants From Incinerators 72
45.04.210 Restriction of Emission of Air
Contaminants From Open Burning 73
45.04.220 Restriction of Emission of Air
Contaminants From Miscellaneous
Sources 74
45.04.230 Restriction of Emission of •
Objectionable Odors Into The
Ambient Air 75
45.04.240 Residential Exemptions 76
45.04.250 Emergency Condition 77
45.04.260 Penalties 77
45.04.270 Severability 77
Revised Standard
Subject Index
(2.0)
(1.0)
(2.0)
(50.1.2)
(51.5)
CITY OF LINCOLN
Secti on
Number Title Page
Section 1 Purpose 81
Section 2 Definitions 81
Section 3 Administrative Organization 84
Section 4 Visible Emission 86
Section 5 Emission of Particulate Matter
From Fuel-Burning Equipment 88
XI
-------
Revised Standard
Section
Subject Index
(50.1.1)
(9.0)
(9.0)
(9.0)
(50.6)
(51.13)
(51.9)
(13.0)
(15.0)
(16.0)
(5.0)
(7.0)
(16.0)
(16.0)
(2.0)
(2.0)
(2.0)
Revised Standard
Subject Index
Number
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
Section 13
Section 14
Section 15
Section 16
Section 17
Section 18
Section 19
Section 20
Section 21
Section 22
FEDERALLY PROMI
Section
Number
Title
Particulate Matter Emissions
From Industrial Process
Equipment
Stack Emission Test Method
Test Facilities
Emission Test Costs
Emission of Odorous Matter
Open Burning
Incinerators
Nuisance: Abatement
Procedure For Abatement
Sealing
Variance
Breakdown of Equipment
Right of Entry
Penalty
Severability
JLGATED REGULATIONS
Title
Pagt
88
88
83
91
91
91
92
93
94
95
95
96
96
97
97
97
97
Pag
(50.1.2)
(17.0)
52.1429
52.1436
Source Surveillance: Regula-
tion For Control of Visible
Emissions 99
Prevention of Significant
Deterioration 100
XII
-------
(1.0) RULE 1. DEFINITIONS
Definitions included here apply to the proposed state regulations in
this section and to Appendix I.
"Act" means the Clean Air Act (42 U.S.C. 1857-1871, as amended by Public
Law 91-604, 84 Stat. 1676).
"Administrator" means the Administrator of the Environmental Protection
Agency.
"Affected Facility" means, with reference to a stationary source, any
apparatus to which a standard of performance is specifically applicable.
"Agency" means the Environmental Protection Agency.
"Air Contaminant" or Air Contamination" shall mean the presence in the
outdoor atmosphere of any dust, fumes, mist, smoke, vapor, gas or other
gaseous fluid, or particulate substance differing in composition from or
exceeding in concentration the natural components of the atmosphere.
"Air Pollution" shall mean the presence in the outdoor atmosphere of one
or more air contaminants or combinations thereof in such quantities and
of such duration as are or may tend to be injurious to human, plant or
animal life.
"Air Pollution Control Agency" means any of the following:
1. A single state agency designated by the Governor as the official
state air pollution control agency for purposes of this Act.
2. An agency established by two or more states and having substan-
tial powers or duties pertaining to the prevention and control
of air pollution.
3. A city, county of other local government health authority; or
in the case of any city, county, or other local government in
which there is an agency other than the health authority charged
with responsibility for enforcing ordinances or laws relating
to the prevention and control of air pollution, such other
agency; or
4. An agency of two or more municipalities located in the same state
or in different states and having substantial powers or duties
pertaining to the prevention and control of air pollution.
"Ambient Air" means the portion of the atmosphere, external to buildings, to
which the general public has access.
-1-
-------
"Area Source" means any small residential,governmental, institutional,
commercial, or industrial fuel combustion operations; on site waste dis-
posal facility, vessels, or other transportation facilities; or other
miscellaneous sources, as identified through inventory techniques sim-
ilar to those described in "A Rapid Survey Technique for emissions,"
Public Health Service Publication No. 999-AP-29, October 1966.
"Chairman" shall mean the chairman of the Environmental Control Council,
and "council" shall mean the Environmental Control Council.
"Chief" means the chief of the Nebraska Division of Air Pollution Con-
trol, employed and compensated by the Department of Environmental Con-
trol and authorized to carry out duties prescribed by the Department in
accordance with the laws of Nebraska as may be necessary to fulfill the
provisions of the Environmental Protection Act.
"Commence Construction" means to engage in a continuous program of con-
struction including site clearance, grading, dredging, or land filling
specifically designed for a source in preparation for the fabrication,
erection, or installation of the building components of the source.
"Complaint" shall mean any charge, however informal, to or by the Depart-
ment, that any person or agency, private or public, is polluting the air
or is violating the provisions of this act or any rule or regulations of
the council in respect thereof.
"Complex Source" shall mean a facility that has or leads to secondary
activity which emits or may emit a pollutant for which there is a
National Air Quality Standard.
"Control" and "Controlling"shall include prohibition and prohibiting
as related to air pollution.
"Control Strategy" shall mean a plan to attain National Ambient Air
Quality Standards or to prevent exceeding these standards.
"Department" shall mean the Department of Environmental Control.
"Designated Area" for the purpose of review of complex sources, shall
mean all Standard Metropolitan Statistical Areas in Nebraska.
"Director" shall mean the Director of the State Department of Environ-
mental Control.
"Emissions" shall mean releases or discharges into the outdoor atmos-
phere of any air contaminant or combination thereof.
-2-
-------
"Emission Data means chemical analysis of process fuel and the manu-
facturing or production process as well as operational procedure and
actual nature and amounts of emissions.
"Existing Source" shall mean equipment, machines, devices articles,
contrivances, or installations which are in being on the effective
date of these regulations.
"Fuel Burning Equipment" shall mean any furnace, boiler, apparatus,
stack, and all appurtenances thereto, used in the process of burning
fuel.
"Fugitive Dust" shall mean solid airborne particulate matter emitted
from any source other than a flue or stack,
"Hazardous Air Pollutant" means as air pollutant to which no ambient
air quality standard is applicable and which in the judgement of the
Administrator may cause, or contribute to, an increase in mortality
or an increase in serious irreversible, or incapacitating reversible,
illness.
"Interstate Air Pollution Control Agency" means:
1. An air pollution control agency established by two or more
states, or
2. An air pollution control agency of two or more municipalities
located in different states.
"Incinerator" shall mean any article, equipment, contrivance, structure
or part of a structure, used to dispose of combustible refuse by
burning, consisting of refractory lined combustion furnaces in series,
physically separated by refractory walls, interconnected by gas passage
ports or ducts and employing adequate design parameters necessary for
maximum combustion of the material to be burned.
"Local Agency" means any air pollution control agency in this state,
other than a state agency, which is charged with responsibility for
carrying out part of a plan.
"Modification" means any physical change in, or change in method of
operation of, an affected facility which increases the amount of any
air pollutant, except that:
1. Pvoutine maintenance, repair, and replacement shall not be
considered physical changes, and
2. An increase in the production rate or hours of operation
shall not be considered a change in the method of operation.
-3-
-------
"National Standard" means either a primary or a secondary standard
established pursuant to the Act.
"New Source" means any stationary source the construction or modifica-
tion of which is commenced after the publication of regulations by the
State of Nebraska or the federal government prescribing a standard of
performance which will be applicable to such sources.
"Opacity" shall mean a state which renders material partially or wholly
impervious to rays of light and causes obstruction of an observer's
view.
"Open Fires" shall mean the burning of any matter in such a manner that
the products of combustion resulting from such fires are emitted
directed into the ambient air without passing through an adequate stack,
duct, or chimney.
"Owner or Operator" means any person who owns, leases, operates, con-
trols, or supervises a stationary source.
"Particulate Matter" shaTl mean any material, except water in the un-
combined form that is or has been airborne and exists as a liquid or
a solid at standard conditions.
"Person" shall mean any individual, corporation, partnership, firm,
association, trust, estate, public or private institution, group,
agency, political subdivision of this state, any other state of
political subdivision or agency thereof or any legal successor, repre-
sentative, agent, or agency of the foregoing.
"Performance Test" means measurements of emissions or other procedures
used for the purpose of determining compliance with a standardard of
performance.
"Plan" means an implementation plan, under Section 110 of the Act, to
attain and maintain a national standard.
"Point Source" means:
1. Any stationary source causing emissions in excess of 100 tons
(90.7 metric tons) per year of any pollutant for which there
is a national standard in a region containing an area whose
1970 "urban place" population, as defined by the Bureau of
the Census, was equal to or greater than 1 million; or
-4-
-------
2. Any stationary source causing emissions in excess of 25 tons
(22.7 metric tons) per year of any pollutant for which there
is a national standard in a region containing an area whose
1970 "urban place" population, as defined by the U.S. Bureau
of the Census, was less than 1 million, and
3. Without regard to amount of emissions, stationary sources
such as those listed in Appendix C 36 F.R. 15497 (8-14-71).
"Primary Standard" means a national primary ambient air quality standard
promulgated pursuant to Section 109 of the Act.
"Process" shall mean any action, operation or treatment, and all methods
and forms of manufacturing or processing, that may emit smoke, partic-
ulate matter, gaseous matter, or other air contaminant.
"Process Weight" shall mean the total weight of all materials introduced
into any source operation. Solid fuels charged will be considered as
part of the process weight, but liquid and gaseous fuels and combustion
air will not.
"Process Weight Rate" shall mean for continuous or long-run steady-
state source operations, the total process weight for the entire period
of continuous operation or for a typical portion thereof. For a
cyclical or batch source operation, the total process weight for a
period that covers a complete operation or an integral number of cycles,
divided by the number of hours of actual process operation during such
a period. Where the nature of any process or operation, or the design
of any equipment, is such as to permit more than one interpretation of
this definition, the interpretation that results in the minimum value
for allowable emission shall apply.
"Ringelmann Chart" shall mean the chart, published and described in the
U.S. Bureau of Mines Information Circular 8333.
"Region" means:
1. An air quality control region designated by the Secretary
of Health, Education, and Welfare or the Administrator;
2. Any area designed by the State as an air quality control region.
"Regional Administrator" means the Regional desigee appointed by the
Administrator.
"Rule or Regulation" shall mean any rule or regulation of the council.
"Secondary Standard" means a national secondary ambient air quality
standard promulgated pursuant to Section 109 of the Act.
-5-
-------
"Source" shall mean any property, real or personal, or person contrib-
uting to air pollution.
"Stack or Chimney" shall mean any flue, conduit, or duct arranged to
conduct emissions.
"Standard of Performance" means a standard for emissions of air pollu-
tants which reflects the degree of emission limitation achievable through
the application of the best system of emission reduction which (taking
into account the cost of achieving such reduction) the Administrator
determines has been adequately demonstrated.
"Startup of Operation means the beginning of routine operation of an
affected facility.
"State Agency" means the Nebraska Department of Environmental Control
established by the Nebraska Environmental Protection Act.
"Stationary Source" means any building, structure, facility , or
installation which emits or may emit any air pollutant.
Legal Citation: Rule 1, APC, Nebraska Department of
Environmental Control
-6-
-------
(2.0) RULE 2. REGIONS AND SUBREGIONS: HQW CLASSIFIED
A. Four basic Air Quality Control Regions are hereby designated
for the state of Nebraska:
1. The Nebraska Intrastate Air Quality Control Region
includes all counties(and subdivisions therein) within
the boundaries of the state exclusive of those counties
included in one of the other three Air Quality Control
Regions. Figure 2-2 shows the locations of all four Air
Quality Control Regions.
2. The Lincoln-Beatrice-Fairbury Intrastate Air Quality Control
Region includes only Dakota County in Nebraska; two
counties in Iowa and one in South Dakota for the largest
part of the whole region.
3. The Metropolitan Sioux City Interstate Air Quality
Control Region includes only Dakota County in Nebraska;
two counties in Iowa and one in South Dakota for the
largest part of the whole region.
4. The Omaha-Council Bluffs Interstate Air Quality Control
Region includes the counties of Douglas and Sarpy in
Nebraska and Pottawattamie in Iowa.
B. Lancaster County is hereby designated as a subregion of the
Lincoln-Beatrice-Fairbury Intrastate Air Quality Control
Region.
Statute: 81-1504 (2) (13) (14)
81-1505 (1) (12)
Legal Citation: Rule 2, ARC, Nebraska Department
of Environmental Control
-7-
-------
(13.0) RULE 3. REPORTING; WHEN REQUIRED
A. No person shall:
1. Use any processing machine, equipment, device or other
article or combination thereof, capable of emitting any
potential contaminant emission equal to, or in excess of
those levels specified in Rule 3(d) of this regulation,
2. Use any indirect heating equipment with a rated or
operating capacity equal to, or in excess of that listed
in Rule 3(d) of this regulation,
3. Use any incinerator with a rated or operating capacity in
excess of that listed in Rule 3(d) of this regulation, or
4. Conduct any open burning operations, without having re-
ported such use or operation to the Department in the
manner prescribed in Rule 3(c) of this regulation. Copies
of the reports submitted to the Department shall be re-
tained by the owner or operator for two (2) years after
the pertinent report is submitted. The use of such items
existing at the time of the effective date of this regula-
tion or the conducting of existing open burning operations
shall not be considered in violation of this reporting
requirement until sixty (60) days after the effective date
of this use or operation is notified in writing by the
Department that such use or operation shall submit the
required report to the Department within sixty (60) days.
B. In the event that the Department fails to notify a source to
report that is subject to reporting under Rule 3(d) of this
regulation, the person responsible for such source shall re-
quest forms for reporting from the Department within sixty (60)
days from the effective date of these regulations and shall
submit the report as required in this regulation.
C. Reports required in Rule 3(a) of this regulation and approval
of installation and construction required in Rule 4 shall be
on forms furnished by the Department, shall be required period-
ically and shall include the following information:
1. The location of the existing or proposed facilities,
alterations or operations.
2. A description of the existing or proposed facilities,
modifications or operations including all processes em-
ployed; normal hours of operation; the nature and amounts
-8-
-------
of fuel and other materials involved; the probable nature, rate of dis-
charge, and time duration of contaminant emissions; and any such other
information as is relevant to air pollution control and available or
capable of being assembled in the normal course of operations. As
specified in Rule 4(b)(4) for complex sources, additional required in-
formation shall include the total vehicle capacity before and after
construction or expansion, number of people using or engaging in any
enterprises or activities at the facility, expected traffic for one hour
and eight hour durations, estimated maximum emissions, and measured or
estimated ambient air quality data.
3. The name and mailing address of the person legally
responsible for the reported activity.
D. This regulation shall apply to:
1. All processing machines, equipment, devices or other
articles or combinations thereof having a potential con-
taminant emission rate of:
a. Ten (10) or more pounds of particulate during any
hour of operation.
b. Two (2) or more pounds of SOp and/or SO^ during any
hour of operation.
c. Fifty (50) or more pounds of Oxides of Nitrogen
(calculated as NOg) during any consecutive 24 hour
period.
2. All coal burning devices used in indirect heating equipment
and having a rate or operating input capacity of 600,000
BTU's per hour or more; all fuel oil burning devices
burning other than Grade 1 or 2 fuel oil used in indirect
heating equipment and having rated or operating input
capacity in excess of 100,000,000 BTU's per hour or more.
3. All incinerators used for refuse disposal or for the pro-
cessing of salvageable materials except refuse incinerators
located on residential premises containing five or less
dwelling units.
4. Any source, except vehicular sources, or operation re-
sponsible for the emission of particulate plumes of such
opacity so as to render them visible, provided that such
emissions are reported to the Department to be interfering
with the enjoyment of life and property by two or more
unrelated individuals.
-9-
-------
5. Any source notified by the Department to report.
Statute: 81-1504 (2 (13)
81-1505 (12) (15)
Legal Citation: Rule 3, ARC, Nebraska Department of
Environmental Control
(10.0)
( 3.0) RULE 4. NEW AND COMPLEX SOURCES; STANDARDS OF PERFORMANCE, APPLICATION
FOR PERMIT, WHEN REQUIRED
A. Standards of Performance for New Stationary Sources.
The "Standards of Performance for New Stationary Sources" published
December 23, 1971 in 36 Federal Register 24876 with amendments in
effect on the effective date of these regulations, and those pub-
lished on March 8, 1974 in 39 Federal Register 9308 are hereby
adopted and incorporated herein as standards pertaining to new
stationary sources for fossil-fired steam generators municipal
incinerators, Portland cement plants, nitric acid plants, sulfuric
acid plants, asphalt concrete plants, petroleum refineries, storage
vessels for petroleum liquids, secondary lead smelters, secondary
brass and ingot production plants, iron and steel plants and muni-
cipal sewage treatment plants in the State of Nebraska.
B. Application Required
No person shall cause:
1. Installation or modification of any processing machine,
equipment, device, or other article or combination thereof,
capable of emitting any potential contamination emissions
equal to or in excess of the levels specified in Rule 3(d)
of this regulation, or
2. Installation or modification of any indirect heating equip-
ment with a rated or operating input capacity equal to or
in excess of that listed in Rule 3(d) of this regulation,
or
3. Installation or modification of any waste incinerator with
a rated or operating capacity in excess of that listed in
Rule 3(d) of this regulation, or
-10-
-------
4. Construction or expansion of:
a. Any complex source in a non-designated area which: has
parking capacity for 2,000 or more vehicles, is modi-
fied to increase parking capacity by 1,000 vehicles
or more, or which induces 2,000 or more auto trips, in
any one hour or 10,000 or more trips in eight (8) hours,
or
b. Any complex source in a designed area which: has a
parking capacity of 1,000 vehicles or more, is modified
to increase capacity by 500 vehicles or more, or which
induces 1,000 or more auto trips in any one hour or
5,000 or more trips in eight (8) hours, or
c. New roads or highways in either a designated or non-
designated area which are expected to carry 2,000
vehicles in any one hour or an average daily traffic
20,000 or more at any time within ten (10) years of
construction: or any modified roads or highways expected
to increase existing average daily traffic volume by
10,000 vehicles or more at any time within ten (10)
years after modification, or
d. Airports served by regularly scheduled air carriers
without having first applied for a construction permit
for such proposed activity to the Department in the
manner prescribed by Rule 3 of these Rules and Regula-
tions, at least sixty (60) days prior to beginning
installation, modification, or construction. The
granting of a permit to construct shall not affect the
responsibility of the owner or operator to comply with
applicable portions of the control strategy. When
installation or modfication of a stationary source is
completed, a provisional permit to operate must be ob-
tained until the requirements of Rule 17(d) are performed.
The owner or operator of any new or modified stationary
source shall notify the Department of anticipated
start-up date not more than sixty (60) days nor less than
thirty (30) days prior to such start-up date.
C. Purpose of Application
Information required is to be used by the State Department of
Environmental Control to determine if the new or modified stationary
source will interfere directly or indirectly with attainment or
maintenance of National Primary and Secondary Ambient Air Quality
Standards, or violate any portion of an existing control strategy.
-11-
-------
D. Issuance of Permits
The Director will register the application on receipt and review
the accompanying documentation, and such other information as he
may require. Within thirty (30) days after receipt of an appli-
cation for permit to construct any source, the Director will notify
the public of such application by prominent advertisement in the
region affected and will make available all information submitted
by the applicant, including the Director's proposed approval or
disapproval. Comments received within thirty (30) days after the
date this information is made available will be considered by the
Director in making his final decision. Within the thirty (30)
day comment period the applicant, or any, interested person or
group of persons may request or petition the Director for a public
hearing, and
1. The Director may, in his discretion, hold an adjudicative
hearing on the granting or denial of the permit if he
determines that the circumstances justify it, or
2. The Director shall hold an adjudicative hearing if it
appears that the granting or denial of the permit inter-
feres with or impairs or threatens to interfere with or
impair the legal rights of the permit applicant or any
person so that the situation falls within Rule 23(1) or
(2) of the Department's Rules of Practice and Procedure, or
3. The Director may hold a public hearing if the comments,
requests or petitions raise legal, policy or discretionary
questions of general application not pertaining solely to
a particular party and significant public interest exists
with respect to the application.
Following the thirty (30) day comment period and/or the
public hearing the Director will determine whether or not
to issue a permit. Approval, by issuance of a permit for
any construction or modification, does not relieve the
owner or operator from his responsibility to comply with
the applicable portions of the Implementation Plan control
strategy. If construction or modification of the source
is not commenced within two years, the construction permit
shall lapse except upon a showing by the permitee that the
complexity of the construction or modification requires
additional time.
E. Disapproval of Application for Permits
-12-
-------
If it is determined by the Director that the construction or mod-
ification of any source will violate the "Standards of Performance
for New Stationary Sources," violate any portion of these rules
and regulations, or interfere with attainment of maintenance of a
national ambient air quality standard, no permit will be granted
until necessary changes are made in the plans and specification to
obviate the objections to issuance. No permit to construct will
be issued for construction or modification of any new source that
will emit one ton per hour or more of particulate matter or sulfur
dioxide if the proposed new source to be constructed or modified
is within twenty (20) miles of any existing source emitting one
ton per hour or more of particulate matter or sulfur dioxide. The
preliminary order prohibiting construction will be issued within
sixty (60) days of receipt of the application. The Director will
set forth his reasons for denial of any permit. Appeals from such
an order may be made according to Rule 49 of this Department's
Rules of Practice and Procedure.
Statute: 81-1504(1) (2) (7) (10) (11) (13) (20)
81-1506(2) (b) (c) (d) (e) (3) (4) (6)
81-1505(1)
81-1509(1)
Legal Citation: Rule 4, APC, Nebraska Department of
Environmental Control
(50.1) RULE 5. PROCESS OPERATIONS; PARTICULATE EMISSION LIMITATIONS FOR
EXISTING SOURCES
No person shall cause, suffer, allow or permit the emission of particu-
lates from any processing machine, equipment, device or other articles,
or combination thereof, except indirect heating Table 2-1 during any
hour.
When portable equipment is transferred from one location to another, the
Department shall be notified in writing at least thirty (30) days prior
to transferring to the new location. The owner or operator will be
notified at least ten (10) days prior to the schedule relocation if
said relocation will be permitted.
Statute: 81-1504(2) (4) (13)
81-1505(1) (12) (15) (18)
81-1506(1) (2)
Legal Citation: Rule 5, APC, Nebraska Department of
Environmental Control
-13-
-------
TABLE 2-1
Process Weight
Rate
Lb/Hr Tons/Hr
100
200
400
600
800
1,000
1,500
2,000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
9,000
10,000
0.05
0.10
0.20
0.30
0.40
0.50
0.75
1.00
1.25
1.50
1.75
2.00
2.50
3.00
3.50
4.00
4.50
5.00
Rate of
Emission
Lb/Hr
0.551
0.877
1.40
1.83
2.22
2.58
3.38
4.10
4.76
5.38
5.96
6.52
7.58
8.56
9.49
10.4
11.2
12.0
Process Weight
Rate
Lb/Hr Tons/Hr
16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160., 000
200,000
1,000,000
2,000,000
6,000,000
8.000
9.00
10.
15.
20.
25.
30.
35.
40.
45.
50.
60.
70.
80.
100.
500.
1,000.
3,000.
Rate of
Emission
Lb/Hr
16.5
17.9
19.2
25.2
30.5
35.4
40.0
41.3
' 42.5
43.6
44.6
46.3
47.8
49.0
51.2
69.0
77.6
92.7
12,000
6.00
13.6
Interpolation of the data in this table for process
weight rates up to 60,000 Lb/Hr shall be accomplished
by use of the equation E=4.10p.67 and interpolation
and extrapolation of the data for process weight
rates in excess of 60,000 Lb/Hr shall be accomplished
by use of the equation E=55.0p. -40, where E=rate
of emission in Lb/Hr and P = process weight rate in
Tons/Hr. If two or more units discharge into a
single stack, the allowable emission rate will be
determined by the sum of all process weights dis-
charging into the single stack.
-14-
-------
(51.5) RULE 6- FUEL BURNING EQUIPMENT; PARTICULATE EMISSIONS LIMITATIONS
FOR EXISTING SOURCES
A. No person shall cause or allow participate matter caused by
the combustion of fuel to be emitted from any stack of chimney
into the outdoor atmosphere in excess of the hourly rate set
forth in the following table:
(see Figure 2-1 for illustrative purposes only)
Total Heat Input in Million Maximum Allowable
British Thermal Units Per Emissions of Particulate
Hour Matter in Pounds per
Million British Thermal
Units
10 or less 0.60
3,800 or more 0.15
B. The allowable emission rate for equipment having immediate
heat input between 10 (10b) BTU and 3,800 (106) BTU may be
determined by the formula:
A = The allowable emission rate in Lb/Hr 106 BTU
I = The total heat input in 106 BTU/Hr
For the purpose of these regulations, the heat input shall be the
aggregate heat content of all fuels whose products of combustion pass
through a stack, or the equipment manufacturer's or designer's guaran-
teed maximum input, whichever is greater. The total heat input of all
fuel burning units at a plant or on a premises shall be matter which
may be emitted.
Statute: 81-1504(2) (4) (13)
81-1505(1) (12) (15) (18)
81-1506(1) (2)
Legal Citation: Rule 6, APC, Nebraska Department of
Environmental Control
-15-
-------
(51.9) RULE 7. INCINERATORS: EMISSION STANDARDS
These regulations shall apply to all existing incinerators used for re-
fuse disposal or for the processing of salvageable materials except re-
fuse incinerators located on residential premises containing five or less
dwelling units and used exclusively for the disposal of waste originating
on said premises.
A. No person shall cause or permit emissions of particulate matter
to be discharged into the outdoor atmosphere:
1. From any incinerator with a waste burning capacity less than
2,000 pounds per hour, to exceed 0.2 grains of particulate
matter per standard dry cubic foot of exhaust gas, corrected
to twelve percent (12%) carbon dioxide.
2. From any incinerator with a waste burning capacity equal to
or in excess of 2,000 pounds per hour, to exceed 0.1 grains
of particulate matter per standard dry cubic foot of exhaust
gas corrected to twelve percent (12%) carbon dioxide. In
correcting the grain loading to twelve percent (12%) carbon
dioxide, the exhaust gases contributed by the burning of a
liquid or gaseous fuel shall be excluded.
B. The burning capacity of an incinerator shall be the manufacturer's
or designer's guaranteed maximum rate or such other rate as may
be determined by the Director in accordance with good engineering
practice.
C. Waste burned during performance testing required by Rule 17 shall
be representative of the waste normally generated by the affected
facility and shall be charged at a rate equal to the burning ca-
pacity of the incinerator.
D. Performance tests conducted after August 1, 1973, shall be re-
corded on incinerator test report forms (AP-9) supplied by the
Department and available upon request. Copies of any additonal
operational data recorded during the test shall be submitted to
the Department together with the completed test report forms.
Statute: 81-1504(2) (4) (13)
81-1505(1) (12) (15) (18)
81-1506(1) (2)
Legal Citation: Rule 7, ARC, Nebraska Department of
Environomental Control
(11.0) RULE 8. HAZARDOUS AIR POLLUTANTS; EMISSION STANDARDS
Certain emissions may, because of their chemical and/or physical nature re-
Quire emissions rates lower than those provided for elsewhere in these
regulations. In such cases the Department shall notify the person re-
soonsible for the emission, in writing of the reasons fnr special concern
-16-
-------
regarding the existing or proposed contaminant emission and specify an
alternative emission rate which is not to be exceeded^ The National
Emission Standards for Hazardous Air Pollutants1', published April 6, 1973;
in 38 Federal Reister 8820 are hereby adopted and incorporated into
these regulations.
Statute: 81-1504(2) (4) (13)
81-1505(1) (12) (15) (18)
81-1506(1) (2)
Legal Citation: Rule 8, ARC, Nebraska Department of
Environmental Control
(50.2) RULE 9. SULFUR COMPOUND EMISSIONS; EMISSION STANDARDS
A. No person shall allow sulfur oxides to be emitted from any
existing fossil fuel burning equipment in excess of two and
one half (2.5) pounds per million BTU input, maximum 2-hour
average.
For the purpose of these regulations, the heat input shall be
the aggregate heat content of all fuels whose products of com-
bustion pass through a stack, or the equipment manufacturer's
or designer's guaranteed maximum input, whichever is greater.
The total heat input of all fuel burning units at a plant or
on a premises shall be used for determining the maximum allow-
able of sulfur dioxide which may be emitted.
B. No person shall cause or allow sulfur oxides to be emitted
from any existing equipment, other than fuel burning equipment,
in excess of the following limits:
1. During any consecutive 12-month period, sulfur oxides in
excess of the amount emitted during the 1971 calendar year.
2. During any 24-hour period, sulfur oxides exceeding the
maximum amount emitted during any consecutive 24-hour
period during the 1971 calendar year.
3. Nothing in sections B(l) and B(2) of this regulation shall
be construed to allow sources to conduct operations not in
accordance with Rules 3 and 4.
4. Nothing in B(l), B(2) and B(3) shall be interpreted to
allow any source to operate in violation of emergency
reduction plans pursuant to Rule 21.
-17-
-------
5. If emission data for sulfur dioxide for the 1971 calendar
year is not available, estimates of emissions shall be
made based on materials processed or produced and appro-
priate emission factors developed by the U.S. Environmental
Protection Agency.
C. No person shall cause or allow hydrogen sulfide (H2S) to be
emitted from any industrial source in quantities that result
in a concentration greater than or equal to .01 parts per
million averaged during any two 30-minute periods of time at
or beyond the property line of the source.
Method of measurement for hydrogen sulfide (H,jS) shall be the
Methylene Blue Method as specified in "Methodi of Air Sampling
and Analysis," published by the American Public Health
Association.
Statute: 81-1504(2) (4) (13)
81-1505(1) (12) (15) (18)
81-1506(1) (2)
Legal Citation: Rule 9, APC, Nebraska Department of
Environmental Control
(50.3) RULE 10. NITROGEN OXIDES (CALCULATED AS NITROGEN DIOXIDES);
EMISSION STANDARDS FOR EXISTING STATIONARY SOURCES
Nitric Acid Manufacturing—No owner or operator of an installation pro-
ducing nitric acid either as an end product or for use in intermediate
steps in production of other products will exceed the following limita-
tions on the emission of oxides of nitrogen (calculated as nitrogen
dioxide):
A. 5.5 pounds per ton of 100 percent nitric acid produced; or
B. A concentration of nitrogen dioxide equivalent to 400 parts
per million (p.p.m) by volume, whichever is more strigent.
Statute: 81-1504(2) (4) (13)
81-1505(1) (12) (15) (18)
81-1506(1) (2)
Legal Citation: Rule 10, APC, Nebraska Department of
Environmental Control
(51.13) RULE 11. OPEN FIRES, PROHIBITED; EXCEPTIONS
A. No person shall cause or allow any open fires.
-18-
-------
B. Exceptions:
1. Fires set solely for recreational purposes or for outdoor
cooking of food for human consumption or other than com-
mercial premises and no nuisance or hazard is created.
2. Fires set for the purpose of training public or industrial
fire fighting personnel.
3. Fires set in the operation of smokeless flare stacks for
the combustion of waste gases, provided they meet the re-
quirements of Rule 13(A), Visible Emissions for Stationary
Sources.
4. Fires set in an agricultural operation where no nuisance or
traffic hazard is created. For the purpose of this regula-
tion, "fires set in an agricultural operation" shall mean:
a. The burning of any trees or vegetation indigenous to
the property of the owner or person in lawful possesion
of the land; or .
b. The burning of any agriculturally related material
potentially hazardous and where disposal by burning is
recommended by the manufacturer. Such materials must
have been used on the owner's property or person in
legal possession of the said property.
5. Unless prohibited by local ordinances, fires set to destroy
household refuse on residential premises containing ten or
less dwelling units, by individuals residing on the premises
-and-no nuisance or traffic hazard is created.
6. Unless prohibited by local ordinances or regulations, fires
set with the written permission of the Director:
a. For the purpose of destroying dangerous materials, dis-
eased trees, or abatement of a fire hazard.
b. For the purpose of land clearing for roads or other con-
struction activity.
c. For the purpose of destroying wood and trees at com-
munity land disposal sites, in which case such burning
must be distinctly separate from the disposal area for
non-burnaLles.
-19-
-------
d.
For the^purppse of.ple.nt and wildlife and parks management,
provided such burning is conducted by the Nebraska Game
Commision, the United States Forest Service, or the Univer-
sity of Nebraska.
Permits for open fires as specified in this regulation will
be granted only if there is no other practical means of
disposal. Any burning of materials not specified in the
burning permit will result in immediate withdrawal of the
permit.
Statute:
81-1504(2) (4) (13)
81-1505(1) (12) (15) (18)
81-1506(1) (2)
Legal Citation: Rule 11, APC, Nebraska Department of
Environmental Control
(51.13) RULE 12. RESPONSIBILITY; DEFINED
It shall be prima facie evidence that the person who owns or controls
property on which burning occurs has caused or permitted said open
burning.
Statute:
81-1504(13)
Legal Citation: Rule 12, APC, Nebraska Department of
Environmental Control
(50.1.2) RULE 13. VISIBLE EMISSIONS; PROHIBITED (EXCEPTIONS: SEE RULE 18)
Visible Emissions for Existing Stationary Sources. No person shall
cause or allow emissions, except steam, from any existing sourch which
are of a shade or density equal to or darker than that designated as No. 1
on the Ringelman Chart, or equivalent opacity of 20 percent (20%).
Statute:
81-1504(2) (4) (13)
81-1505(1) (12) (15) (18)
81-1506(1) (2)
Legal Citation: Rule 13, APC, Nebraska Department of
Environmental Control
(50.1.3) RULE 14. DUST; DUTY TO PREVENT ESCAPE OF
A. Handling, Transporation, Storing. No person may cause or
permit the handling or transporting or storage of any material
in a manner which may allow particulate matter to become air-
borne in such quantities and concentrations that it remains
visible in the ambient air beyond the premises where it origin-
ates.
-20-
-------
B. Construction, Use, Repair, Demolition. No person may cause
or permit a building or its appurtenances or a road, or a
driveway, or an open area to be constructed, used, repaired or
demolished without applying all such reasonable measures as
may be required to prevent particulate matter from becoming
airborne so that it remains visible beyond the premises where
it originates. The Director may require such reasonable
measures as may be necessary to prevent particulate matter
from becoming airborne, including but not limited to paving or
frequent cleaning of roads, driveways and parking lots;
application of dust-free surfaces; application of water; and
the planting and maintenance of vegetative ground cover.
Statute: 81-1504(2) (4) (13)
81-1505(1) (12) (15) (18)
81-1506(1) (2)
Legal Citation: Rule 14, ARC, Nebraska Department of
Environmental Control
(6.0) RULE 15. COMPLIANCE; TIME SCHEDULE FOR
Except as otherwise noted in specific emission control regulations com-
pliance to these regulations shall be according to the following
chedules:
A. All new or modified installations that required approval under
the provisions of Rule 4 shall be in compliance with all ap-
plicable emission control regulations at start-up any time after
the effective date of the applicable emission control regula-
tion. Provided, however,' such installation may, at the request
of the operator and under conditions approved by the Department,
be operated for such specified time periods as are required to
make necessary adjustments on the equipment. Compliance must
be demonstrated in conformance with Rule 17.
B. All existing installations and open burning operations subject
to Rule 3(D) shall be in compliance with these regulations
within one-hundred eighty (180) days after the effective date
of these regulations and shall certify compliance and state the
method used to determine compliance, unless the person re-
sponsible for the operation of such installation or open burning
operation has submitted a request to, and received a variance
from, the Department to continue such operation in nonconformance
with the regulations for a specified period of time beyond the
one-hundred eighty (180) day period provided for compliance.
All notices of violation will be issued by the Department
within thirty (30) days from receipt of reports. However, a
-21-
-------
notice of violation shall be issued later if observation or
testing supplies additional information.
C. All requests for variance as provided for in Rule 16 of this
regulation shall be submitted in writing to the Department
not later than one-hundred twenty (120) days after the effec-
tive date of these regulations. It shall contain the following
information.
1. A description of the particular operation or installation
affected.
2. The reason for being unable to meet the one-hundred eighty
(180) days' compliance requirement.
3. A specific time schedule showing increments of progress
toward compliance, including:
a. Date of submittal of the source's final control plan
to the appropriate air pollution control agency.
b. Date by which contracts for emission control systems
or process modifications will be awarded; or date by
which orders will be issued for the purchase of com-
ponent parts to accomplish emission control or process
modification;
c. Date of initiation of on site construction or installa-
tion of emission control equipment or process change;
d. Date by which on site construction or installation of
emission control equipment or process change;
e. Date by which final compliance is to be achieved.
4. The notarized signature of the person responsible for the
operation or installation.
5. Any other supporting documentation specifically requested
by the Department and deemed pertinent to consideration of
the individual request.
D. In the Omaha-Council Bluffs Interstate Air Quality Control
Region and the Lancaster County Subregion, final compliance
with these rules and regulations shall be expeditiously as
practicable but not later than July 31, 1975. For all other
regions, final compliance with the emission limitations shall
be:
-22-
-------
1. All sources whose emissions prevent the attainment or
maintenance of the primary ambient air quality standards
must comply as expeditiously as practicable, but not
later than July 31, 1975.
2. All other sources must comply as expeditiously as prac-
ticable but in no case later than July 31, 1976.
E. Compliance schedules requiring more than 12 months to conform
with applicable rules and regulations to meet National Primary
and Secondary Ambient Air Quality Standards will be accomplished
in progressive steps. A report will be made in writing to the
Director within five (5) days after each step is completed.
F. Failure to meet time schedules approved in accordance with
Rule 15(B) and (C) of this regulation shall constitute a
violation of these regulations unless a request to amend the
time schedule is received at least thirty (30) days before the
end of any specified period approved for a particular activity.
Such a request to amend the schedule shall contain the same
type of information as required for the initial request for
variance as described in Rule 15(C).
Statute: 81-1504(1) (2) (4) (11) (13) (25)
81-1505(12) (15) (17)
81-1506(2)
81-1508(1) (B)
81-1513(1) (2) (3) (4) (5) (6) (7)
Legal Citation: Rule 15, APC, Nebraska Department of
Environmental Control
(5.0) RULE 16. VARIANCE; REVISION OF STATE PLAN
Variances may not be granted without a public hearing where changes in
the dates for increments of progress result in a change in the final com-
pliance with emission limitations in requested past the attainment dates,
as set forth in Rule 15, such request shall be considered a request for a
revision under Section 110(A)(3) of the Clean Air Act, 42 U.S.C. 1857 et
seq., and shall be granted only
1. If the extension meets the requirements of Section 110(A)(2);
2. The national ambient air standards will not be violated;
3. Sufficient evidence is adduced to determine if the applicant
has exerted good faith efforts to comply with the Clean Air
Act and rules and regulations promulgated thereunder by the
-23-
-------
U.S. Environmental Protection Agency and the Department.
Hearings on revision requests shall be quasi-legislative in nature and
held before the Nebraska Environmental Control Council after 30 days
notice as provided in Section 81-1505(16), R.R.S. 1943.
Statute: 81-1513(1) (2) (3) (4) (5) (6) (7)
Cases: Train v. NRDC, U.S. , April 16, 1975
Regulations: 40 CFR Part 51, Sees. 51.4(a) and (b)
Legal Citation: Rule 16, APC, Nebraska Department
of Environmental Control
(9.0) RULE 17. EMISSION SOURCES; TESTING; MONITORING
1. The department may require any person responsible for the
operation of an emission source to make or have tests made to
determine the rate of contaminant emissions from the source
whenever it has reason to believe on the basis of estimates of
potential contaminant emissions rates from the source and due
consideration of probable efficiency of any existing control
device, or visible emission determinations made by an official
observer, that existing emissions exceed the limitations re-
quired in these control regulations. Such tests may also be
required pursuant to verifying that any newly installed con-
trol device meets performance specifications. If such a test
demonstrates that the applicable emission requirement is met,
no more than one (1) such test shall be required during any
twelve (12) consecutive calendar month period. Provided, how-
ever, that should the Department determine that the test did
not represent normal operating conditions or emissions, ad-
ditional tests may be required. Such a requirement shall be
considered as an order and subject to all administrative and
legal requirements specified.
Required tests shall be conducted as specified in the December
23, 1971 and April 6, 1973 Federal Registers, or the Director
can prescribe alternate procedures if the emissions from the
affected facility are not susceptible to being tested by these
methods. Such tests shall be conducted by reputable, qualified
individuals, as approved by the Department, and a certified
written copy of the test results signed by the person conducting
the test shall be provided to the Department.
The owner or operator of a source shall provide the Department
ten (10) days notice prior to testing to afford the Department
-24-
-------
an opportunity to have an observer present.
2. The Department may conduct tests of emissions of contaminants
from any stationary source. Upon written request from the
Department, the person responsible for the source to be tested
shall cooperate with the Department in providing all neces-
sary test ports in stacks or ducts and such other safe and
proper facilities, exclusive of instruments and sensing devices,
as may be reasonably required to conduct the test with due re-
gard being given to expenditures and possible disruption of
normal operations of the source. A report concerning the
findings of such tests shall be furnished to the person re-
sponsible for the source upon request.
3. No later than March 30, 1978 a continuous monitoring system
for the measurement of opacity shall be installed and placed
in operation by the owner or operator of any fossil-fired
steam generator with greater than 250 million BTU per hour
heat input. Exemptions from this requirement will be made if
gaseous fuel and oil is the only fuel burned and the source
has never been found to be in violation of Rule 13 of these
regulations. Installation, calibration, operation and re-
porting shall be in accordance with the procedures specified
in Volume 40, No. 194 of the Federal Register, October 6, 1975.
The Director may require the owner or operator of any other
emissions source which is subject to the provisions of these
regulations to install, use and maintain such stationary mon-
itoring equipment as is required to demonstrate continuing com-
pliance with any applicable emissions limitations,and to main-
tain records and make reports regarding such measured emissions
to- the Department in a manner and on a schedule to be determined
by the Director.
4. When a new or modified stationary source becomes operational,
the owner or operator will submit a written report of perform-
ance tests to the Director within sixty (60) days after reaching
maximum capacity but not later than one-hundred eight (180)
days after the start-up of operations.. Failure to meet estab-
lished performance standards will result in withdrawal of the
provisional approval granted to operate the new or modified
stationary source. Final approval will be withheld for opera-
tion of the affected facility until such time as the owner or
operator has corrected the deficiencies determined by the
performance tests. Upon satisfactory accomplishment of a
valid series of performance tests, approval for operation of
the new or modified stationary source will be granted. Before
and after construction of a complex source, the Director may
-25-
-------
require ambient air monitoring be conducted by the person re-
sponsible to determine if National Ambient Air Quality Stand-
ards are being met.
Statute: 81-1504(1) (2) (11) (13) (15) (21) (24)
81-1508(1) (C)
Legal Citation: Rule 17, APC, Nebraska Department of
Environmental Control
Effective Date:
(7.0) RULE 18. COMPLIANCE; EXCEPTIONS DUE TO BREAKDOWNS OR SCHEDULED
MAINTENANCE
A. Abnormal operating conditions resulting from malfunction,
breakdown, and/or necessary repairs to control of processing
equipment and appurtenances which cause emissions in excess of
the limitations specified in the emission control regulations
shall not be deemed violations provided that:
1. The person responsible for the operation of the emission
source notified the Department of the occurrence and nature
of such malfunctions, breakdown, or repairs, immediately
after noted occurrence.
2. The number of occurrences of such breakdowns is not deemed
excessive by the Department and appropriate reasonable action
is taken to initiate and complete any necessary repairs and
place the equipment back in operation as quickly as possible.
B. Emissions in excess of the limitations specified in these
emission control regulations resulting from scheduled mainten-
ance of control equipment and appurtenances will be permitted
only on the basis of prior approval by the Department and upon
demonstration that such maintenance cannot be accomplished by
maximum reasonable effort, including off-shift labor where re-
quired, during periods of shutdown of any related equipment.
C. Excessive contaminant emissions from fuel burning equipment used
for heating purposes resulting from fuel or load changes, start-
up, soot blowing, cleaning of fires, and rapping of precipitators
will not be deemed violations provided that they do not exceed
a period or periods aggregating more than five (5) minutes
during any consecutive one (1) hour period. Provided, to the
satisfaction of the Department that any specific operational
procedures will require that the allowable time period for ex-
cessive emissions be extended beyond five (5) minutes during
-26-
-------
any one hour, the Department may authorize, upon request of the
operator, an adjusted time schedule for permitting such excessive
emissions. Such authorization shall require that visible emis-
sions not exceed a shade or density darker than the designated
as Ringelmann No. 3 on the Ringelmann Chart, and shall specify
an appropriate time and daily frequency schedule for such ex-
cessive emissions.
Statute:
81-1504(2) (11) (12)
81-1505(1) (12) (15) (19)
Legal Citation: Rule 18, ARC, Nebraska Department of
Environmental Control
(2.0) RULE 19. CONTROL REGULATIONS; CIRCUMVENTION, WHEN EXCEPTED
A. No person shall cause or permit the installation or use of any
machine, equipment, device or other article, or alter any process
in any manner which conceals or dilutes the emissions of con-
taminants without resulting in a reduction of the total amounts
of contaminants emitted.
B. Exception to Rule 19(A) of this regulation may be granted by the
Department, upon request, provided that such action is intended
to convert the physical and/or chemical nature of the contaminant
emission and that failure to reduce total contaminant emissions
results solely from the introduction of contaminants which are
not.deemed to be detrimental to the public interest.
Statute: 81-1505(1) (2) (4) (11) (12) (13) (25)
81-1505(12) (19)
81-1508(1) (2)
81-1513(1) (2) (3) (4) (5) (6) (7)
Legal Citation: Rule 19, APC, Nebraska Department of
Environmental Control
(2.0) RULE 20. COMPLIANCE; RESPONSIBILITY OF OWNER/OPERATOR PENDING REVIEW
BY DIRECTOR
Application for review of plans or advice furnished by the Director will
not:
A. Relieve an owner or operator of a new or modified stationary
source of legal compliance with any provision of these regula-
tions; or
B. Prevent the Director from enforcing or implementing any pro-
vision of these regulations.
-27-
-------
Statute: 81-1504(1) (2) (11) (13) (25)
81-1505(17)
81-1506(1) (3)
Legal Citation: Rule 20, APC, Nebraska Department of
Environmental Control
(8.0) RULE 21. EMERGENCY EPISODES; OCCURRENCE AND CONTROL, CONTI6ENCY PLANS
Whenever the Director finds that an emergency exists requiring immediate
action to protect the public health and welfare, he shall issue an an-
nouncement to the general public. In addition, he is required to issue
an order, showing the date of issuance, stating the existence of such an
emergency and requiring such action be taken as deemed necessary to meet
the emergency. The Director shall hold a hearing on the emergency order
ten (10) days after its issuance.
Regulations which shall be enforced in the event of an Air Pollution
Emergency Episode are attached hereto as Appendix I and hereby incorporated
in these regulations the same as if set out herein verbatim. Appendix I
is designed to prevent the excessive buildup of air pollutants to con-
centrations which can result in an imminent and substantial danger to
public health.
A. Episode Criteria
Conditons justifying the proclamation of an air pollution alert,
air pollution warning, or air pollution emergency shall be
deemed to exist whenever the Director determines that the ac-
cumulaton of air pollutants in any place is attaining or has
attained levels which could, if such levels are sustained or
exceeded, lead to a substantial threat to the health of persons.
In making this determination, the Director will be guided by the
following:
1. Air Pollution Forecast - An internal watch by the Department
of Environmental Control shall be actuated by a National
Weather Service Advisory that Atmospheric Stagnation
Advisory is in effect or the equivalent local forecast of
stagnant atmospheric conditions.
2. Alert - The "Alert" level is defined as that concentration
of pollutants which require initiation of first stage emis-
sion control actions. An air pollution "Alert" will be
declared when any one of the: following levels is reached at
any monitoring site:
-28-
-------
S02 - 800 ug/m3 (0.3 p. p.m.), 24 hour average
Participates - 3.0 COH's or 375 ug/m3, 24 hour average
and Parti culates combined - product of S02 p. p.m.,
24 hour average, and COH's equal to 0.2 or product of
S02 ug/m3, 24 hour average, and Particulates ug/m3,
24 hour average, equal to 65 x 103
CO -17 mg/m3 (15 P. P.M.), 8 hour average
Oxidant (03) - 200 ug/m3 - (0.1 P. P.M.) 1 hour average
NOo - 1130 ug/m3 (0.6 p. p.m.), 1 hour average;
282 ug/m3 (0.15 p. p.m.), 24 hour average
and, that meteorological conditions are such that pollutant
concentrations can be expected to remain at the above levels
for twelve (12) or more hours or increase unless control
actions are taken.
3. Warning - The "Warning" level indicated that air quality is
continuing to degrade - pollutant concentrations are in-
creasing - and that additional control actions are necessary.
An air pollution "Warning" will be declared when any one
of the following levels is reached at any monitoring site:
S02 - 1600 ug/m3 (0.5 p. p.m.), 24 hour average
Particulates - 5.0 COH's or 625 ug/m3, 24 hour average
SQ2 and Particulates combined - product of SO' p. p.m.,
24 hour average, and COH's equal to 0.8 or product
of S02 ug/m3, 24 hour average and particulates ug/m3,
24 hour average equal to 261 x 103.
CO - 34 mg/m3 (30 p. p.m.), 8 hour average
Oxidant (0) - 800 ug/m3 (0.4 p. p.m.), 1 hour average
N02 - 2260 ug/m3 (1.2 p. p.m.), 1 hour average, 565 ug/m3
(0.3 p. p.m.) 24 hour average.
and, meteorological conditions are such that pollutant
concentrations can be expected to remain at the above
levels for twelve (12) or more hours or increase unless con-
trol actions are taken.
4. Emergency - The "Emergency" level indicated that air quality
is continuing to degrade to a level that should never be
reached, totally unacceptable, and that the most strigent
actions are necessary. An air pollutin "emergency" will be
declared when any one of the following levels is reached at
any monitoring sites:
-29-
-------
S02 - 2100 ug/m3 (0.8 p.p.m.), 24 hour average
Participates - 7.0 COH's or 875 ug/m3, 24 hour average
S02 and Particulates combined - product of S02 p.p.m.
24 hour average, and COH's equal to 1.2 or product
of S02 ug/m3, 24 hour average, and particulates ug/m3,
24 hour average, equal to 393 x 1Q3.
CO - 46 mg/nr (40 p.p.m.), 8 hour average
Oxidant (03) - 1200 ug/m3 (0.6 p.p.m.), 1 hour average
N02 - 3000 ug/m3 (1.6 p.p.m.), 1 hour average; 750 ug/m3
(0.4 p.p.m.), 24 hour average.
and, meteorological conditions are such that this condition
can be expected to continue for twelve (12) or more hours.
5. Termination - When any of the above three levels of air
pollution has been declared (by virture of pollutant concen-
trations meeting the defined criteria for the level) the
declared level will remain in effect until the concentrations
fall below the specified criteria. The new lower level(s)
will be assumed until the pollutant concentrations decrease
below the criteria declared "terminated". The concomitant
"emission reduction actions" for any declared level cannot be
relaxed until the declared level criteria are determined to
be no longer met.
B. Emission Reduction Plans
1. Air Pollution Alert - When the Director declares an Air
Pollution Alert, any person responsible for the operation
source of air pollutants as set forth in Appendix I, Para-
graph 6.3.1 shall take all Air Pollution Alert actions as
are required for such source of air pollutants and shall put
into effect the preplanned abatement strategy for an Air
Pollution Alert.
2. Air Pollution Warning - When the Director declares an Air
Pollution Warning, any person responsible for the operation
of a source of air pollutants as set forth in Appendix I,
Paragraph 6.3.2 shall take all Air Pollution Warning actions
as required for such source of air pollutants and shall put
into effect the preplanned abatement strategy for an Air
Pollution Warning.
3. Air Pollution Emergency - When the Director declares an
Air Pollution Emergency, any person responsible for the
operation of a source of air pollutants as described in
Appendix I, Paragraph 6.3.3. shall take all Air Pollution
-30-
-------
Emergency Actions as required for such source of air pol-
lutants and shall put into effect the preplanned abatement
strategy for an Air Pollution Emergency.
4. When the Director determines that a specified criteria level
has been reached at one or more monitoring sites solely be-
cause of emissions from a limited number of sources, he shall
notify such source(s),that the preplanned abatement strat-
egies of Appendix I, Paragraph 6.3.2 and 6.3.3 or of the
standby plans are required insofar as it applies to such
sources(s), and shall be put into effect until the criteria
of the specified level are no longer met.
C. Preplanned Abatement Strategies
1. Any person responsible for the operation of a source of air
pollutants as set forth in Appendix I, Paragraph 6.3-.4 shall
prepare standby plans for reducing the emission of air pol-
lutants during periods of an Air Pollution Alert, Air Pol-
lution Warning, and Air Pollution Emergency. Standby plans
shall be designed to reduce or eliminate emissions of air
pollutants in accordance with the objectives set forth in
Appendix I, Paragraph 6.3.1, 6.3.2, and 6.3.3 which are made
a part of this section.
2. Any person responsible for the operation of a source of air
pollutants not set forth under Appendix I, Paragraph 6.3.4
shall, when requested by the Director in writing, prepare
standby plans for reducing the emission of air pollutants
during periods of an Air Pollution Alert, Air Pollution
Warning, and Air Pollution Emergency. Standby plans shall
be designed to reduce or eliminate emissions of air pol-
lutants in accordance with the objectives set forth as above.
3. Standby plans as required under Sections (C) (1) and (C) (2)
of Rule 21 shall be in writing and identify the sources of
air pollutants, the approximate amount of reduction of pol-
lutants and a brief description of the manner in which the
reduction will be achieved during an Air Pollution Alert, Air
Pollution Warning, and Air Pollution Emergency.
4. During a condition of Air Pollution Alert, Air Pollution
Warning, and Air Pollution Emergency, standby plans as re-
quired by this section shall be made available on the premises
to any person authorized to enforce the provisions of appli-
cable rules and regulations.
-31-
-------
5. Standby plans as required by this section shall be submitted
to the Director upon request within thirty (30) days of the
receipt of such request; such standby plans shall be sub-
ject to review and approval by the Director. If, in the
opinion of the Director, a standby plan does not effectively
carry out in the objectives as set forth in Appendix I, Para-
graph 6.3.1, 6.3.2 and 6.3.3, the Director may disapprove it,
state his reason for disapproval and order the preparation
of an amended standby plan within the time period specified
in the order.
Statute: 81-1504(1) (2) (10) (11) (13) (25)
81-1505(1) (5) (12) (15)
81-1506(2) (e)
81-1507(4)
81-1512
Legal Citation: Rule 21, ARC, Nebraska Department of
Environmental Control
(14.0) RULE 22. EMISSION DATA; AVAILABILITY TO PUBLIC
All emission data shall be made available for inspection by the public as
provided by the Federal Clean Air Act of 1970, 42 U.S.C. 1857 et seq.,
during business hours.
Statute: 81-1504(6)
Legal Citation: Rule 33, APC, Nebraska Department of
Environmental Control
(12.0) RULE 23. VISIBLE EMISSIONS FROM DIESEL-POWERED MOTOR VEHICLES
No person shall operate a diesel-powered motor vehicle on any public street
or highway in such a manner that smoke discharged from the exhaust is of
a shade or density equal to or darker than that designated as No. 1 on the
Ringelmann Chart or equivalent opacity of twenty percent (20%) for ten (10)
consecutive seconds or longer. A suspected violator may demand that the
suspected vehicle be tested by an approved smokemeter prior to a trial on
the alleged violation.
Smokemeter tests shall be conducted (a) by or under the supervision of a
person or testing facility authorized by the Director to conduct such tests,
and (b) by installing an approved smokemeter on the exhaust pipe and oper-
ating the suspected vehicle in a manner similar to the manner of operation
at the time of the alleged violation.
Statute: 60-2203
-32-
-------
Legal Citation: Rule 23, PAC, Nebraska Department
Environmental Control
(15.0) RULE 24. COMPLIANCE; ACTIONS TO ENFORCE, PENALTIES FOR NON-COMPLIANCE
Failure to comply with the requirements of these regulations may be
grounds for administrative enforcement proceedings as provided by
Section 81-1507 R.R.S. 1943 or penalties in criminal proceedings brought
in the discretion of the County Attorney or Attorney General pursuant to
Section 81-1508 or in the case of Rule 23, pursuant to Section 60-2211,
R.R.S. 1943.
Statute: 81-1506; 81-1507; 81-1508
Legal Citation: Rule 24, APC, Nebraska Department of
Environmental Control
(2.0) RULE 25. SEVERABILITY
If any clause, paragraph, subsection or section of these regulations shall
be held invalid, it shall be conclusively presumed that the Environmental
Control Council would have enacted the remainder of these regulations
not directly related to such clause, paragraph, subsection or section.
Statute: 81-1504(13)
Legal Citation: Rule 25, APC, Nebraska Department of
Environmental Control
(16.0) RULE 26. APPEALS
Any appeal from any final order or final determination of the Director
shall be pursuant to Section 81-1509 Revised Statutes Supplement, 1972.
Statute: 81-1509
Legal Citation: Rule 26, APC, Nebraska Department of
Environmental Control
(2.0) RULE 27. AMENDMENT OR REPEAL
These rules and regulations may be amended, or repealed, pursuant to
Rules 65 through 68 of the Rules of Practice and Procedure of the Depart-
ment of Environmental Control, which procedure shall conform in all re-
spects to Sections 84-901 to 84-919, Reissue Revised Statutes of Nebraska,
1943, as amended.
Statute: 84-901 through 84-919
-33-
-------
_4_j f V****00 ' _ * *_*'_*>*>Ii :
•jfem^liic^
Iot»l n««t Input - Million* of BTU
far Hour
Bgur* 2-1
-------
I
CO
on
i
Nebraska Intrastat* Air Quality Control
Region (Remaining Area)
• 4
•S
Metropolitan Sioux City Interstate
AQCR (Iowa-Neb .'-So. Oak.)
Llncoln-Beatrlce-Falrbury Intraatato AQCR
AQCH
Omaha-Council Blufta —••
Interstate AQCR (Iowa-Nebraska)
STATE OF NEBRASKA
Air Quality Control Roqlona
Figure 2-2
-------
Legal Citation: Rule 27, ARC, Nebraska Department of
Environmental Control
(2.0) RULE 28. EFFECTIVE DATE AND REPEAL OF EARLIER RULES
These rules and regulations shall become effective five (5) days after
filing with the Revisor of Statutes and the Secretary of State. Upon
adoption of these rules and regulations, the prior, inconsistent rules
and regulations adopted on February 26, 1974, December 14, 1974 and
March 21, 1975 shall be repealed.
Statute: 84-907
Legal Citation: Rule 28, APC, Nebraska Department of
Environmental Control
(8.0) APPENDIX I
(8-0) 6.3.0 EMERGENCY EMISSION REDUCTION REGULATIONS
The following regulations define the actions that shall be taken by the
general populace and by specific point sources to prevent the excessive
buildup of air pollutant concentrations under each of the three episode
severity levels when, and as, declared by the Director.
6.3.1. ALERT LEVEL
A. General
1. There shall be no open burning by any person of tree waste,
vegetation, refuse, or debris in any form.
2. The use of incinerators for the disposal of any form of solid
waste shall be limited to the hours between 12:00 noon and
4:00 p.m.
3. Persons operating fuel-burning equipment which require boiler
lancing or soot blowing shall perform such operations only
between the hours 12:00 noon and 4:00 p.m.
4. Persons operating motor vehicles shall eliminate all unnec-
essary operations.
B. Source Curtailment
1. Any person responsible for the operation of a source of air
pollutants listed below shall take all required control
actions for this Alert level.
-36-
-------
Source of Air Pollution
Control Actions
1.
Coal or oil-fired electric
power generating facilities
2.
Coal and oil-fired process
steam generating facilities.
a. Substantial reduction by util-
ization of fuel having low ash
and sulfur content.
b. Maximum utilization of mid-day
(12:00 noon to 4:00 p.m.) at-
mospheric turbulence for boiler
lancing and soot blowing.
c. Substantial reduction by
diverting electic power gen-
eration to facilities outside
of Alert area.
a. Substantial reduction by util-
ization of fuels having low
ash and sulfur content.
b. Maximum utilization of mid-
day (12:00 noon to 4:00 p.m.)
atmospheric turbulence for
boiler lancing and soot blow-
ing.
c. Substantial reduction of steam
load demands consistent with
continuing plant operations.
3. Manufacturing industries
of the following class-
ification:
Primary Metals Industry
Petroleum Refining
Operations
Chemical Industries
Mineral Processing
Industries
Paper and Allied Products
Grain Industry
a. Substantial reduction of air
pollutants from manufacturing
operations by curtailing, post-
poning, or deferring production
and all operations.
b. Maximum reduction by deferring
trade waste disposal operations
which emit solid particles,gas
vapors or malodorous sub-
stances.
c. Maximum reduction of heat load
demands for processing.
d. Maximum utilization of mid-day
(12:00 noon to 4:00 p.m.) at-
mospheric turbulence for boiler
lancing and soot blowing.
-37-
-------
6.3.2 WARNING LEVEL
A. General
1. There shall be no open burning by any person of tree waste,
vegetation, refuse, or debris in any form.
2. The use of incinerators for the disposal of any form of
solid waste or liquid waste shall be prohibited.
3. Persons operating fuel-burning equipment which required
boiler lancing or soot blowing shall perform such operations
only between the hours of 12:00 noon and 4:00 p.m.
4. Persons operating motor vehicles must reduce operations by
the use of car pools and increased use of public transpor-
tation and elimination of unnecessary operation.
B. Source Curtailment
1. Any person responsible for the operation of a source of
air pollutants listed below shall take all required con-
trol actions for this Warning level.
Source of Air Pollution
Coal or oil-fired electric
power generating facilities
Coal or oil-fired process
steam generating facil-
ities.
Control Action
a. Maximum reduction by uti-
lization of fuels having the
lowest ash and sulfur
content.
b. Maximum utilization of mid-
day (12:00 noon to 4:00
p.m.) atmospheric turbulence
for boiler lancing and soot
blowing.
c. Maximum reduction by divert-
ing electric power genera-
tion to facilities outside
of Warning Area.
a. Maximum reduction by uti-
lization of fuels having
the lowest available ash
and sulfur content.
-38-
-------
Manufacturing industries
which require considerable
lead time for shut-down in-
cluding the following class-
ifications:
Petroleum Refining
Chemical Industries
Primary Metals
Industries
Glass Industries
Paper and Allied Products
Manufacturing industries
which require relatively
short lead times for shut-
down including classifi-
cations:
Petroleum Refining
Chemical Industries
Primary Metals
Industries
Glass Industries
Paper and Allied
Products
b. Maximum utilization of
mid-day (12:00 noon to
4:00 p.m.) atmospheric
turbulence for boiler
lancing and soot blowing.
c. Making ready for use a
plan of action to be taken
if an emergency develops.
a. Maximum reduction of air
contaminants from manufac-
turing operations by, if
necessary, assuming rea-
sonable economic hardships
by postponing production
and allied operation.
b. Maximum reduction by de-
ferring trade waste dis-
posal operations which emit
solid particles, gases,
vapors, or malodorous sub-
stances.
c. Maximum reduction of heat
load demands for processing.
d. Maximum utilization of mid-
day (12:00 noon to 4:00
p.m.) atmospheric turbulence
for boiler lancing or soot
blowing.
a. Elimination of air pol-
lutants from manufacturing
operations by ceasing, cur-
tailing, postponing, or de-
ferring production and
allied operations to the ex-
tent possible without
causing injury to persons
or damage to equipment.
b. Elimination of air pollutants
from trade waste disposal pro-
cesses which emit solid par-
ticles, gases, vapors, or
malodorous substances."
-39-
-------
c. Maximum reduction of heat
load demands for pro-
cessing.
d. Maximum utilization of mid-
day (12:00 noon to 4:00
p.m.) atmospheric turbu-
lence for boiler lancing
or soot blowing.
6.3.3 EMERGENCY LEVEL
A. General
1. There shall be no open burning by an persons of tree waste,
vegetation, refuse, or debris in any form.
2. The use of incinerators for the disposal of any form of
solid or liquid waste shall be prohibited.
3. All places of employment described below shall immediately
cease operations:
a. Mining and quarrying of non-metallic minerals.
b. All construction work except that which must proceed
to avoid emergent physical harm.
c. All manufacturing establishments except those required
to have in force an air pollution emergency plan.
d. All wholesale trade establishments; i.e. places of
business primarily engaged in selling merchandise to
retailers, or industrial, commercial, institutional or
professional users, or to other wholesalers, or acting
as agents in buying merchandise for or selling merchan-
dise to such persons or companies, except those engaged
in the distribution of drugs, surgical supplies and food.
e. All office of local, county and state government in-
cluding authorities, joint meetings,and other public
bodies excepting such agencies which are determined by
the chief administrative officer of local, county or
state government, authorities, joint meetings and other
public bodies to be vital for public safety and welfare
and the enforcement of the provisions of this order.
-40-
-------
f. All retail trade establishments except pharmacies.
suraical suoolv distributors, and stores orimarilv
engaged in the sale of food.
g. Banks, credit agencies other than banks, securities
and commodities brokers, dealers, exchanges and serv-
ices; offices of insurance carriers, agents and brokers,
real estate offices.
h. Wholesale and retail laundries, laundry services and
cleaning and dyeing establishments; photographic
studies; beauty shops, barber shops, shoe repair shops.
i. Advertising offices, consumer credit reporting, ad-
justment and collection agencies; duplicating, address-
ing, blueprinting, photocopying, mailing, mailing list
and stenographic services, equipment rental services,
commercial testing laboratories.
j. Automobile repair, automobile services, garages.
k. Establishments rendering amusement and recreational
services including motion picture theaters.
1. Elementary and secondary schools, colleges, universities,
professional schools, junior colleges, vocational
schools, and public and private libraries.
4. All commercial and manufacturing establishments not in-
cluded in this order will institute such actions as will
result in maximum reduction of air pollutants from their
operation by ceasing, curtailing, or postponing operations
which emit air pollutants to the extent possible without
causing injury to persons or damage to equipment.
5. The use of motor vehicles is prohibited except in emergencies
with the approval of local or state police.
B. Source Curtailment
1. Any person responsible for the operation of a source of air
pollutants listed below shall take all required control ac-
tions for this Emergency level.
Source of Air Pollution Control Action
1. Coal or oil-fired electric a. Maximum reduction by uti-
power generating facilities lization of fuels having
-41-
-------
2.
Coal and oil-fired process
steam generating facilit-
ies
3.
Manufacturing industries
of the following class-
ifications:
Primary Metals Industries
Petroleum Refining
Chemical Industries
Mineral Processing
Industries
Grain Industry
Paper and Allied Products
lowest ash and sulfur
content.
b. Maximum utilization of mid-
day (12:00 noon to 4:00
p.m.) atmospheric turb-
ulence for boiler lancing
or soot blowing.
c. Maximum reduction by di-
verting electric power
generation to facilities
outside of Emergency Area.
a. Maximum reduction by re-
ducing heat and steam de-
mands to absolute neces-
sities consistent damage.
b. Maximum utilization of mid-
day (12:00 noon to 4:00
p.m.) atmospheric turb-
ulence for boiler lancing
or soot blowing.
c. Taking the action called
for in the emergency plan.
a. Elimination of air pol-
lutants from manufacturing
operations by ceasing,
curtailing, postponing or
deferring production and
allied operations to the
extent possible without
causing injury to persons
or damage to equipment.
b. Elimination of air pol-
lutants from trade waste
disposal processes which
emit solid particles, gases,
vapors, or malodorous sub-
stances.
-42-
-------
c. Maximum reduction of heat
load demands for processing.
d. Maximum utilization of mid-
day (12:00 noon to 4:00 p.m.)
atmospheric turbulence for
boiler lancing or soot
blowing.
6.3.4 MAJOR POINT SOURCES EMERGENCY REDUCTION PLANS
Any source of air pollution with the City of Omaha shall submit within
thirty (30) days of request by the Omaha Division of Permits and Inspect-
tion a plan designed to reduce or eliminate the emission of air pollutants
in accordance with the objectives specified in Paragraph 6.3.1(b) 6.3.2
(b) and 6.3.3(b). Any source in the Nebraska portion of the Omaha-council
Bluffs Air Quality Control Region and not within the City of Omaha shall
submit within thirty (30) days of request by the Department a plan de-
signed to reduce objectives specified in Paragraphs 6.3.1(b), 6.3.2(b),
and 6.3.3(b). Each such plan shall be subject to review and approval by
the Department. If, in the opinion of the Department, a submitted plan
does not effectively carry out the objectives specified, the Department
may disapprove it, state reasons for disapproval and require preparation
of an amended/revised plan within a specified time period.
A. Plan Description
Each plan shall be submitted in writing, shall identify the
emitted pollutants, shall state the approximate amount (per-
centage) of expected reduction of pollutants and shall briefly
describe the manner, method or technology employed to achieve
the reduction during each severity level of an episode. Each
plan, when approved by the Department, is (becomes) legally en-
forceable. During declared episodic conditions, a copy of the
plan for a given source shall be made available on source
premsiesto any person(s) authorized to enforce the provisions
of the plan.
B. Emergency Reduction Plans will be obtained from point sources
within one (1) year after submission of this Plan. These will be
submitted in semi-annual progress reports until such legally en-
forceable schedules are obtained from all point sources. Volun-
tary reduction will be negotiated with indirect sources.
[8.0) 6.4.0 EMERGENCY ACTION CENTER COMMUNICATION AND CONTROL PROCEDURES
The following paragraphs of the Emergency Episode Plan are desinged to
"stand alone" as a "Manual of Operation" for the Omaha-Council Bluffs
Interstate AQCR. It should be separated, reproduced and distributed as re-
quired to those members of the Emergency Episode team as designed at the
Director.
6.4 . 1 COMMUNICATIONS
The functioning of the Emergency Action System is primarily that of main-
-43-
-------
taining the coordinating the communications between and among the various
public agencies, the U.S. Weather Bureau Station, hospital and medical
facilities, the emitting sources, the air quality monitoring station,
news media, and the Emergency Action Center (EAC). Control of the system
is focused in the EAC. This part of the manual services to define the
system communication requirements, the means to fulfill these requirements
and the responsibilities of the operating personnel.
6.4.1.1 REQUIREMENTS
Communication facilities of the EAS are provided by the Northwestern Bell
Telephone Company and the Teletype Network established by the Weather
Bureau. Unlisted number telephone lines will be made available in the
EAC to allow access to the center only by authorized members of the
System. This will preclude tieing up the center phones with non-essential
traffic.
A. Meteorological Information
The U.S. Weather Bureau Station at Eppley Field enters meteor-
ological information into the EAS via their local Teletype
Network in the form of forecasts, advisories and bulletins.
These inputs are made as often as a developing situation/
episode demands. A terminal will be located in the EAC and
connected to this network. The weather information is received
in the EAC, evaluated and logged. Action responses to each
weatner input are, of course, determined by the nature of the re-
port and the situation at the time of receipt. Added detail may be
requested of the weather station by the EAC via direct telephone
communication if and when necessary.
B. Air Quality Information
The normal reporting frequency of the various stations in the
Air Quality Monitoring/Surveilance network is accelerated when
first indications of a possible episode occurrence are recognized.
Indications can be either the HAPP advisory from the weather
station or an unusually severe pollutant level reached at any
one or more station of the Air Quality Network. At the direction
of the EAC director, the surveillance stations will employ, as
appropriate, either messengers or the telephone to send their
observations and/or reports to the processing center (at the
Public Health Department) in accordance with the schedule re-
quired by the severity of the situation.
C. Directives
Instruction to emitting sources, police, medical facilities and
-44-
-------
Air Quality Monitoring Station operators will be issued by the
EAC as the situation dictates. The Communication Check List
for each severity level of the episode will guide the EAC
director/staff in issuing the necessary directives and instruct-
ions. Communication Check Lists are described under Paragraph
6.4.1.2. Telephone communication with each of the necessary
contacts will provide the means to fulfill this requirement;
however, police two-way radio facilities will be included as
needed, dependent on the severity of the situation.
D. Public Information
The requirement to inform the populace of the situation in case
of an episode occurrence, and to direct their appropriate/ man-
datory responses is met through local press, radio and tele-
vision facilities. The declaration statement appropriate to
each severity level is issued by the EAC director for immediate
publication. A press release is then prepared and released to
the media (via the office of DPI in Oman) to provide the ex-
planatory and instructive information supporting the declaration
statement.
E. Effectiveness Reporting
The need for the EAC to monitor the effectiveness of abatement
actions and to access the adherence to planned strategies of
sources is fulfilled by the Permits and Inspection Division field
inspectors supplemented by the police. Reporting of apparent
violators or obvious ineffective results will be via telephone
or police radio to the EAC. Dependent on the circumstances re-
ported, the EAC will issue orders or instructions to correct the
reported deficiency or violation using the same channels of com-
munication.
6.4.2.2 PROCEDURES
For each of the episode levels, the procedures to be followed are centered
in the use of a pair of forms. These forms are titled "Declaration Sheet"
and"Communication Check Lists". The paragraphs which follow describe their
use and the pertinent communication functions during each phase or level
of an episode.
A. Forecast
When the possibility of an air pollution episode is first rec-
ognized a "Forecast Declaration Sheet" (see item 3) is posted
on the EAC "Action Board". Entries are made on the sheet as
follows:
-45-
-------
1. Upon receipt of an advisory from the Weather Bureau fore-
casting possibility of an episode, enter the time and date
information and the summary of the significant points in
the advisory in the required spaces. Post the sheet on
the EAC Action Bulletin Board, or
2. Record unusually high levels of pollution as reported by
stationsin the Air Quality Surveillance Net in the spaces
provided. Evaluate this data, when sufficient to recog-
nize a trend, and determine whether a "forecast" should be
declared. If declared,
3. Prepare and enter the "Forecast Declaration Statement" on
the sheet in the appropriate spaces. The content of the
statement must clearly define the probable affect areas,
contain the significant points from the Weather Bureau
Forecast and the type of the pollutant(s) which appears to
be of greatest concern. The statement should also stress
that immediate action on the part of the public is not in-
dicated.
4. Update the sheet as additional surveillance or meteorolog-
ical information is received and evaluated.
5. Keep the sheet posted until either a decision to declare an
ALERT is made or the possibility that episode conditions
will develop has disappeared.
6. Enter the time of ALERT or Termination, remove the sheet from
the board and file in the episode log.
When the "Forecast Declaration Statement" has been composed and entered on
the "Notice" sheet (step 3 above), the "Forecast Communications Check List"
is posted and :
1. EAC staff members will begin making the telecons as indi-
cated on the list. Contact must be completed with the heads
of agencies listed in the first group of the sheet. The
remaining contacts to be completed will be selected by the
director of EAC based on his estimate of the situation.
2. As each telecon is completed, the caller will initial and
enter the time of completion in the appropriate column
spaces next to the called number.
3. The sheet will remain posted until either an ALERT or Termi-
nation is declared. When removed, the sheet will be filed
with the Declaration sheet in the episode log book.
-46-
-------
Determination of specific actions to be taken during the period of an
Episode Forecast involves many factors which will vary with each Fore-
cast situation. Therefore, they cannot be considered in this planned
set of procedures. However, some general guides are included below:
1. Although it should not be necessary to put all members of
the Emergency Action team on duty during a Forecast situ-
ation, each member should be notified of the possibility/
probability of spending extra duty time should the situ-
ation worsen.
2. Selection of emitting sources to be notified should take
into consideration the length of lead time each may need
to implement their emergency reduction plans.
3. Any press release(s) supporting the declaration statement
should emphasize that only a "conservative" response by
the public is called for.
B. Alert
When air quality deteriorates and meteorological forecasts in-
dicate a continuing air stagnation (See Paragraph 6.2.2(a) pre-
ceding for detailed criteria) the procedures below should be
followed to declare an Air Pollution Alert:
1. Remove the Forecast Notification Sheet and Communication
Check List from the EAC Action Board and post the ALERT
DECLARATION SHEET and ALERT Communication Check List in
their places.
2. Prepare and enter the Declaration Statement on the sheet.
Emphasize the need for people with respiratory, cardiac
and related health deficiencies to safeguard their well-
being. Briefly summarize steps to be taken by drivers of
private cars, industry, etc. to reduce pollution and in-
clude an estimate of the duration of the "Alert".
3. Enter times and dates in the required spaces.
4. Keep the sheet posted until either the situation worsens to
the point where a "Warning" must be declared or conditions
improve to warrant declaration of "Termination".
5. Begin making the required telecons as defined on the Alert
Communications Sheet. Follow the Procedures outlined for
the Forecast telecons (6.4.2.2(a) preceding).
-47-
-------
6. Maintain both forms on the EAC Action Board until either a
Warning or Termination is declared. Then remove and file
both in the Episode Log.
General guides to actions of the EAC during "Alert":
1. Convene all members of the EAS team for a briefing and
assign a full field inspection team to insure compliance
with reduction plans of the major pollution sources.
2. Request the Northwestern Bell Telephone Company to dedicate
lines between the EAC and Weather Bureau, Health Center,
Processing Center, Police Department, Civil Defense Head-
quarters and the Mayor's Office.
3. Ready and release press notices regularly.
4. Request reports of the major pollution sources regarding
their individual progress in implementation of their re-
duction plans.
5. Insure that all Air Quality Surveillance stations are ade-
quately manned and reporting according to the Alert acceler-
ated schedule.
6. Establish and maintain the map(s)/display(s) necessary to
keep close observation of the situation progress.
C. Warning
If/when pollution concentrations reach the levels defined for
declaration of a "Warning" and meteorological data indicates a
continuation of Stagnation (see Paragraph 6.2.2(b) for criteria),
the following procedures are necessary in declaring the "Warning"
status:
1. Remove the Alert Declaration and Communication Check List
sheets from the EAC Action Board and replace them with the
WARNING DECLARATION SHEET and Communication Check List. File
the Alert sheets in the Episode Log.
2. Prepare and enter the Warning Declaration Statement. Em-
phasize the extreme caution anyone with health problems must
take and include the emergency telephone number(s) to be
called for medical/rescue aid. State the mandatory steps to
be taken by the public, the pollution sources and emergency
services (hospitals, doctors, police, fire and Civil Defense
agencies).
-48-
-------
3. Enter times and dates as required by the forms.
4. Accelerate placement of the telecons required on the
Warning Communication Check List.
5. Maintain both forms with all weather and Air Quality/
Emission control updates.
General Guides to EAC actions during the "Warning":
1. Insure that adequate staffing of the EAC and processing
center is maintained. Augment with "volunteer" help as
needed.
2. Convey the urgency of the situation to all participating
members of the EAS.
3. Alert hospitals, medical personnel, rescue squads, fire and
police departments, Civil Defense units, etc. to the need
for rapid response to calls for aid.
4. Issue hourly bulletins to press, radio and television
facilities stating the progress of the total situation.
Emphasize need to adhere to all directives/instructions re-
garding reduction of pollution and prevention of any further
deterioration of air quality. Repeat emergency telephone
numbers.
5. -Request police enforcement of all regulations and immediate
reporting of violations, degrading incidents, etc. and
action(s) taken.
6. Request regular reports from emission sources of their re-
duction measures and resulting effectiveness.
7. Continue all procedures outlined for the Alert level not
specifically changed above.
D. Emergency
If the episode severity reaches this level, a total state of
emergency must be assumed by the entire area affected. Pro-
cedures for posting and maintaining the Emergency Declaration •
Statement sheet and Communication Check List are the same as for
the "Warning" level. The role of the EAC at this Emergency
state becomes one of supporting the Office of Mayor, and all
area agencies in carrying out emergency measures primarily con-
cerned with protection of public safety. Thus, the EAC and all
members of the EAS must be geared to the most rapid response
-49-
-------
possible for request from these agencies.
E. Termination
Except for episodes caused by unusually high emissions from one
or more specific sources, termination of any level of episode
severity will occur only with an improvement in meteorological
conditions. Thus, observations of the Weather Bureau, indi-
cating imminent improvement in the stagnation causes is the
major factor in terminating the episode. Procedures for de-
claring termination are similar to those defined previously for
declaring any other level. The Termination Declaration Sheet
and Communication List are posted in place of the last episode
level sheets. The most important requirement in making the
required telecons is to insure that all contacts made during any
and all previous episode stages are recontacted to convey the
relaxation of the instruction/directives then imposed.
F. Episode Reporting
Following termination of an episode of any level of severity,
a report must be prepared for the director's signature including:
1. Summary of significant events, including dates and
times, identification of difficulties, effectiveness
of reduction actions, etc.
2. Summary of estimated costs to:
a. EAC-EAS
b. Other public agencies involved
c. Sources
d. Public response
e. Detrimental health results - casualties, etc.
This report must be submitted to the Environmental Protection Agency,
Region VII, E.P.A., Durham, and to the Nebraska Department of Environ-
mental Control within ten (10) days of the termination date.
COMMUNICATION CHECK LIST
FORECAST
ALERT level declared at: on
Time Date
-50-
-------
Office/Individual To Area Phone Caller's Time
Be Called Code Number Initials
Supt. Permits & In- 402 341-8122
spections, Public ext. 251
Safety - Omaha
Assoc. Chief, Environ. 402 444-7486
Health, Omaha-Douglas
Co. Health
Director, Environmen- 402 471-2186
tal Control, State of
Nebraska - Lincoln
Asst. Chief, Air 816 374-3791
Prog., E.PA. Region
VII - Kansas City
Director, Dept. of 515 281-5345
Environmental Quali-
ty, State of Iowa -
Des Moines
Governor, State of 402 471-2244
Nebraska - Lincoln
Director, Douglas Co. 402 348-7471
Health - Omaha
Director of Health, 402 471-2133
State of Nebraska -
Lincoln
Chairman, Environ. 402 341-8122
Control Council, ext. 343
Nebr. - Omaha
Chief, Air Pollution 402 471-2186
Control, Nebr. Dept.
of Environ. Control -
Lincoln
O.P.P.D. (Request 402 536-4221
liaison contact and
forecast of power
demand) - Omaha
-51-
-------
Metropolitan Utili- 402 341-5760
ties District - Omaha
COMMUNICATION CHECK LIST
ALERT
ALERT level declared at: on
Time Date
The following telecons must be made from the EAC immediately
upon declaration of ALERT level to inform each contact of the
ALERT Declaration Statement
Office/Individual To Area Phone Caller's Time
Be Called Code Number Initia 1 s
Recontact all names/
offices on Forecast
List, then call the
following:
Mayor of Omaha -
Omaha
Sheriff - Sarpy
County, Nebraska
City Hall, City of
Council Bluffs, Iowa
Civil Defense and
Commander of Nebr.
National Guard
or
Asst. Civil Denfense -
Omaha - Douglas Co.
Nebr. Tuberculosis &
Respiratory Disease
Assoc. - Omaha
402
402
712
402
402
402
341-8122
ext. 211
339-3274
322-4061
432-7561
333-2992
ext. 310
342-2907
Environmental Health - 402 348-7486
Omaha
-52-
-------
Environmental Protec- 919 755-4613
tion Agency - Durham,
North Carolina
Sources
Place calls to each
emitter source requir-
ing lead time prepara-
tion for possible
implementation of
reduction plans.
News Media
Contact UPI News
Bureau Office and dic-
tate the DECLARATION
STATEMENT and any ex-
planatory news releases
as needed.
COMMUNICATION CHECK LIST
WARNING
WARNING level declared at: on
Time Date
The following telcons must be made from the EAC immediately
upon declaration of WARNING level to inform each contact of
the Warning Declaration Statement
Office/Individual to Area Phone Caller's Time
Be Called Code Number Initials
Recontact all names/
offices on both FORECAST
and ALERT lists, then
call the following:
Chief of Police - 402 348-6666
City of Omaha
Chief of Police - 712 322-2515
City of Council
Bluffs
-53-
-------
Chief of Fire Dept. -
City of Omaha
402
348-6700
Sources
Contact all sources
(determine most likely
to contribute to af-
fected areas) to im-
plement reduction plans
immediately.
News Media
Recontact UPI to re-
lease new DECLARATION
STATEMENT/Stress urgency
of situation.
COMMUNICATION CHECK LIST
EMERGENCY
Off ice/ Individual To
Be Called
Area
Code
Phone
Number
Caller's
Initials
Time
Recontact all names/
offices or FORECAST,
ALERT, WARNING lists,
Then call the following:
Director, Air Pollu-
tion Control, Lincoln-
Lancaster Co. Health
Dept. - Lincoln
402
475-6221
Board of Education,
Dist. 1, Omaha Public
Schools
402
556-6600
Sources
Contact all sources to
stress urgency of com-
plete and immediate com-
pliance with reduction
plans.
News Media
Release hourly bulletins
to keep public fully aware
of situation developments.
-54-
-------
REGULATIONS
FOR
OMAHA, NEBRASKA
-55-
-------
(2.0) 45.04.010 STATEMENT OF POLICY
It is hereby declared to be the public policy of the City of Omaha, and .
the purpose of this Title, to achieve and maintain such a reasonable de-
gree of purity of the air resources of the City as will protect human
health and safety, and to the greatest degree practicable to prevent in-
jury to plant and animal life and foster the comfort and convenience of
the people, promote the economic and social development of the City and
facilite the enjoyment of its natural attractions.
To achieve these purposes, the City shall endeavor to obtain the voluntary
compliance of all persons with the regulations concerning air contamina-
tion as hereinafter set forth.
The regulations hereinafter contained are based upon the best information
presently available. It is anticipated that they will be subject to re-
view and revision periodically as additional information and methods are
developed. The City shall seek the accomplishment of these objectives
through the prevention, abatement, and control of air pollution by all
practical and economically feasible methods. (Ord. 14924'§ 19-11.1; as
amended by Ord. 15763; September 30, 1947, Ord. 25355 § 1; November 25,
1969, and Ord. 25524 § 1; May 26, 1970).
(1.0) 45.04.020 DEFINITIONS
As used in this Title, the following definitions shall apply.
A. "Air Contaminant" shall mean any smoke, soot, fly ash, dust,
cinder, dirt, noxious or abnoxious acids, fumes, oxides, gases,
vapors, odors, toxic substances radio active substances, waste
matter, particulate matter, solid matter, liquid matter,
gaseous matter, or any other material which by its presence in
the ambient air may constitute air pollution, excluding un-
combined water.
B. "Air Contaminant Source" shall mean any source of emission of
an air contaminant whether privately or publicly owned or
operated.
C. "Air Pollution" shall mean the presence in the outdoor atmo-
sphere of one or more air contaminants or combinations thereof
in such quantities and of such duration that they are or may
tend to be injurious to human, plant or animal life, or inter-
fere with the enjoyment of life, property or the conduct of
business.
D. "Ambient Air" shall mean the air that envelops or surrounds the
earth and includes all space outside of buildings, stacks or
exterior ducts.
-56-
-------
E. "Atmosphere" see Ambient Air.
F. "Building Official" shall mean the Superintendent of the
Permits and Inspections Division of the Public Safety Depart-
ment of the City of Omaha.
G. "City" shall mean the City of Omaha and such, surrounding en-
virons as are within three miles of the territorial bound-
aries of the City, and are subject to the extraterritorial
jurisdiction granted to the City by th.e Nebraska State
Legislature.
H. "Cleaning Fires" shall mean the act of removing ashes from a
fuel bed or furnace.
I. "Dust" shall mean solid particles released into the air by
natural forces or by mechanical processes.
J. "Dust Separating Equipment" shall mean any device for separ-
ating dust from the air or gas medium in which it is carried.
K. "Emission" means a discharge or release into the ambient air
of any air contaminant, or any substance which by chemical re-
action may become an air contaminant.
L. "Flue" see Stack.
M. "Fly Ash" shall mean suspended particles, charred paper, dust,
soot or other partially incinerated or burned matter carried
in the products of combustion.
N. "Fuel" shall mean any form of combustible matter, excluding
combustible refuse.
0. "Fuel Burning Equipment" shall mean any furnace steam, hot
air or hot water generating equipment including duct work,
stacks, chimneys, control equipment or any other device ex-
clusive of process equipment and incinerators in which fuel
is burned and in which the products of combustion do not come
in direct contact with any process material or heat transfer
medium.
P. "Fumes" shall mean solid particles generated by the condensa-
tion of vapors or gases that are of such character as to
create an unclean, unhealthy, or an offensive condition when
airborne.
Q. "Garbage" shall mean all animal and vegetable wastes and all
other putrescible matter.
-57-
-------
R. "Gas" shall mean that state of matter having neither indepen-
dent shape nor independent volume but tending to expand and
diffuse indefinitely.
S. "Incinerator" shall mean a combustion device specifically de-
signed for the destruction of solid, semi-solid, liquid or
gaseous combustible wastes by burning.
T. "Incinerator - Multiple Chamber" shall mean an article,
machine, equipment, apparatus, structure or part thereof used
to dispose of combustible refuse by burning, consisting of two
or more refractory lined combustion furnaces in series or
equivalent, physically separated by refractory walls, ducts,
and employing adequate design parameters necessary for maxi-
mum combustion of th.e material to be burned.
U. "Internal Combustion Engine" shall mean any engine of 10 horse-
power or larger in which the combustion of gaseous liquid or
pulverized solid fuel takes place.
V. "Odor" shall mean that property of an air contaminant de-
tectable by the sense of smell.
W. "Opacity" shall mean the degree to which transmitted light is
obscured.
X. "Open Burning - Open Fire" shall mean burning under such con-
ditions that the products of combustion are emitted directly
into the ambient air and are not conducted thereto through a
stack, chimney, duct or pipe.
Y. "Particulate Matter" shall mean any material except uncombined
water, that exists in a finely divided form as a liquid or
solid at standard conditions including fumes.
Z. "Person" shall mean any individual, partnership, association,
syndicate, company, firm, trust, corporation, department,
bureau, agency or any other entity recognized by law to be
the subject of rights and duties.
AA. "Plume" shall mean a suspension of particles in the air or
other gaseous medium or a gaseous mixture visible or invisible
in the form released from a specific source.
BB. "Process Weight" shall mean the total weight of all materials
introduced into a source operation, including fuels, but ex-
cluding air introduced solely for the purpose of combustion.
-58-
-------
CC. "Process Weight Rate" shall mean a rate established as
follows:
1. For continuous or long run, steady state source oper-
ations, of the total process weight for th.e entire period
of continuous operation or for a typical portion thereof,
divided by the number of hours of such period or portion
thereof.
2. For cyclical or batch source operation the total process
weight for a period which covers a complete operation of
an integral number of cycles, divided by the hours of
actual process operation during such period.
3. Where the nature of any process or operation or the de-
sign of any equipment is such as to permit more than one
interpretation, the one which results in the minimum
value for allowable emission shall apply.
DD. "Process or Process Equipment" shall mean any action, or treat-
ment embracing chemical, industrial, or manufacturing factors
such as heat transferring furnaces, by product coke plants,
core baking ovens, mixing kettles, melting crucibles, cupolas,
blast furnaces, open hearth furnaces, heating and re-heating
furnaces, puddling furnaces, sintering plants, Bessemer con-
verters, electric steel furnaces, arc furnaces, ferrous and non-
ferrous foundries, kilns, stills, dryers roasters, smelters,
and equipment used in connection therewith, and all other
methods or forms of manufacturing or processing that tend to
emit smoke, particulate, or gaseous matter.
EE. "Refuse" shall mean qarbaqe, rubbish or trade wastes or any
waste material contain]nq carbon in a free or combined state
other than liquids or gases.
FF. "Ringelraann Chart" shall mean the chart published and described
in the U.S. Bureau of Mines Information Circular, No. 8333 or
the U.S. Public Health Service Smoke Inspection Guide as des-
cribed in the Federal Register, Title 42, Chapter 1, Sub-
chapter F, Part 75.
GG. "Rubbish" shall mean all solid waste other than garbage.
HH. "Salvage Operation" shall mean any business trade, industry or
other activity conducted in whole or in part for the purpose
of salvaging or reclaiming any product or material.
-59-
-------
II. "Smoke" shall mean gas-borne particles resulting from incom-
plete combustion, excluding water vapor.
JJ. "Soot" shall mean aggolmerated particles consisting essentially
but not exclusively of carbonaceous material.
KK. "Source Operation" shall mean the last operation preceeding
the emission of an air contaminant which (a) results in the
separation of the atr contaminant from the process materials or
in the conversion of the process materials into air contam-
inants, as in the case of combustion fuel; and (b) is not
solely an air pollution abatement operation.
LL. "Stack" shall mean any flue, pipe, duct, chimney, or opening
arranged to conduct gaseous effluent to the ambient air.
MM. "Standard Conditions" shall mean a gas tenperature of 60 de-
grees Fahrenheit and a gas pressure of 14.7 pounds per square
inch absolute (PSIA).
NN. "Trade Waste" shall mean any solid, liquid, or gaseous material
or rubbish resulting from construction or the conducting of any
business, trade or industry, or any demolition operation.
00. "Unit Operation" shall mean a method wherein raw materials do
or may undergo physical change, or by which raw materials may
be altered into different states, such as vapor, liquid, or
solid, without changing into a new substance with different
chemical composition.
PP. "Unit Process" shall mean a reaction wherein raw materials do
or may undergo a chemical change; where one or more raw
materials are combined and are completely changed into a new
substance with different chemical composition.
QQ. "Vapor" shall mean the gaseous state of liquids or solids.
(Ord. 14924 § 19-11.2; as amended by Ord. 15763; September
30, 1947, Ord. 25355 § 1; November 25, 1969, and Ord. 25524
§ 1; May 26, 1970).
(2.0) 45.04.030 ADMINISTRATION
The provisions of this Title as hereinafter set forth are directed
primarily to the control of the emission of air contaminants into the
atmosphere. In this regard, the enforcement of these provisions shall
be the responsibility of the Permits and Inspections Division of the
Public Safety Department of the City of Omaha, Douglas County, Nebraska,
and the Superintendent of the Permits and Inspections Division shall be
the control officer.
-60-
-------
To the ultimate aim of establishing an appropriate air quality standard
for the City of Omaha and its surrounding environs, the Omaha-Douglas
County Health Department shall to the limit of its ability evaluate the
quality of ambient air, together with the determination of the public
health implications of that air quality. This may be accomplished
through the operation of an air quality surveilance network and the estab-
lishment staffing and operation of an air quality laboratory. To the
end, that these air quality standards, when established, may be brought
into compliance by the enforcement of adequate emission control pro-
visions, it shall be the responsibility of the Omaha-Douglas County Health
Department to recommend appropriate emission control standards to achieve
the ultimate goal of producing an appropriate air quality standard for
the City of Omaha. (Ord. 14924 § 19-11.3; as amended by Ord. 15763
September 30, 1947, Ord 25355 § 19-11.3; as amended by Ord. 15763;
September 30, 1947, Ord. 25355 § 1; November 25, 1969, and Ord. 25524
§ 1; May 26, 1970).
(3.0) 45.04.040 REGISTRATION OF EXISTING AIR CONTAMINANT SOURCES
Any person operating an existing air contaminant source shall register
such source with the Superintendent of.the Permits and Inspections
Division of the Public Safety Department as hereinafter provided and shall
on or before September 30, 1970, obtain a certificate of approval of the
operation of such existing air contaminant source as hereinafter provided.
(Ord. 14924 § 19-11.5; as amended by Ord. 15763; September 30, 1947,
Ord. 25355 § 1; November 25, 1969, and Ord. 25524 § 1; May 26, 1970).
(3.0) 45.04.050 REGISTRATION OF NEW AIR CONTAMINANT SOURCES
Any person intending to .discharge an air contaminant into the atmosphere,
or any person intending to increase an existing air contaminant dis-
charge or any person intending to build, rebuild, alter, or add to any
device or system which is capable of discharging air contaminants into
the atmosphere shall, before starting such construction, submit a
written registration to the Superintendent of the Permits and Inspection
describing the air contaminant source and/or control device which is pro-
posed and the steps which will be given to protect the atmosphere of the
City against new pollution or an increase in existing pollution. (Ord.
14924 § 19-11.6; as amended by Ord. 15763; Saptember 30, 1947, Ord.
25355 | 1; November 25, 1969 and Ord. 25524 § 1; May 26, 1970).
(3.0) 45.04.060 SIGNATURE REQUIRED - GUARANTEE
All registrations as required herein shall be signed by the applicant
or owner and, when required by the Superintendent of Permits and In-
spection shall be certified by a registered professional engineer as •
to the accuracy of the technical information concerning the equipment
and/or control device contained in the registration.
-61-
-------
The signature of the applicant or owner, or his agent, shall constitute
an agreement that the signer shall assume responsibility for capability
of such equipment and/or control device to comply with the provisions
of this Title when such device is in operation. (Ord. s 1; 19-11.7;
as amended by Ord. 15763; September 30, 1947, Ord. 25355 § 1; November
25, 1969, and Ord. 25524 § 1; May 26, 1970).
(2.0) 45.04.070 INFORMATION REQUIRED
All registrations shall contain the following information:
A. a brief statement describing the air contaminant source and/or
control device.
B. a statement giving the location of the property where the air
contaminant source is or shall be located. This statement shall
be accompanied by a plan showing the exact location of the point
of discharge, its relationship to the property lines, and the
location of the nearest business or dwelling.
C. plans and specifications for the proposed air contaminant source
and/or control device.
D. a statement identifying the air contaminants which are or will
be discharged into the atmosphere and including:
1. the expected mass emission rate o'f the contaminants.
2. the total gas volume, its temperature and exit velocity.
3. the frequency of the discharge.
E. a description of the air contaminant control system which
will be installed and used for such system as contemplated
and including:
1. the expected efficiency of the control system.
2. the size, shape, and cross sectional area of the stack or
vent at its point of discharge and its materials of
construction.
3. the height above ground level of the stack, vent, or point
where the air contaminants are discharged into the
atmosphere.
4. the roof height of the structure or building above ground
level if the stack, vent or point of discharge rests on
or is supported by the structure or building.
-62-
-------
5. the means of disposal of the contaminants when they are
collected by the control system.
F. Such other pertinent information as may be necessary for a
proper understanding of the proposal which is being made.
G. Nothing herein contained, shall require any person to disclose
confidential information relating to secret processes, raw
materials used, or economics of the operation.
H. The Superintendent of Permits and Inspection may waive or
modify the registration requirements as herein described
when it can be shown to his satisfaction that the new air
contaminant source and/or control device will be of minor
significance. Any such waiver shall be issued in writing,
and signed by the Superintendent of Permits and Inspection.
I. The relocation, construction or modification of an air contami-
nant source and/or control device which is initiated prior to
the issuance of a certificate of approval as hereinafter
provided for is done at the owner's risk and does not relieve
him from complying with such conditions as may be required
by the Superintendent of the Permits and Inspection Division.
J. Under no circumstances may the operation of any new air con-
taminant source and/or control device subject to these
regulations commence prior to obtaining a certificate of
approval as hereinafter described. (Ord. 14924 § 19-11. 8;
as amended by Ord. 15763; September 30, 1947, Ord. 25355 § 1;
November 25, 1969, and Ord. 25524 § 1; May 26, 1970).
(3.0) 45.04.080 CERTIFICATE OF APPROVAL—REQUIRED
A. The Superintendent of the Permits and Inspections Division
shall consider the registration within thirty (30) days of
the receipt of all of the required information, and upon
payment of a fee in the amount of Ten Dollars ($10.00). If
the registration is approved, he shall issue a certificate of
approval. If the registration is denied, he shall state the
reasons for denial in writing.
A certificate of approval shall not be required for maintenance,
minor repair, or replacement in kind of existing equipment.
B. Air contaminant sources and/or control devices which have been
approved by the Superintendent of the Permits and Inspection
Division shall be subject to continued review. He may, from
time to time, require additional control measures to be installed
in order to meet changing conditions. Failure to install such
additional control devices within the time specified shall
constitute a violation of this Section, and any existing certifi-
cate of approval may be voided.
-63-
-------
C. Certificates of approval are not transferable from equipment
to equipment or from location to location. Upon sale, the
execution of a contract of sale, or any other means of
transfer of ownership, the existing certificate of approval
shall continue in effect for a period of six (6) months.
Within this six month period, the new owner of the air contami-
nant source shall apply to the Superintendent of Permits and
Inspection in writing for renewal of the existing certificate
of approval.
D. The continued operation of any air contaminant source and/or
control device when the certificate of approval has been voided
shall be in violation of this Title, and shall be punishable
as hereinafter set forth. (Ord. 14924 § 19-11. 9; as
amended by Ord. 15763; September 30, 1947, Ord. 25355 § 1;
November 25, 1969, and Ord. 25524 § 1; May 26, 1970).
(2.0) 45.04.090 EXCEPTIONS
The provisions of the foregoing Sections shall apply to all air contaminant
sources within the City of Omaha except the following:
A. Residential heating equipment with a maximum heat input or
less than 500,000 BTU's per hour.
B. Residential ventilating systems. (Ord. 14924 § 19-11. 10;
as amended by Ord. 15763; September 30, 1947, Ord. 25355
§ 1; November 25, 1969, and Ord. 25524 § 1; May 26, 1970).
(9.0) 45.04.100 INSPECTIONS
The control officer may, upon reasonable notice, enter and inspect any
facilities constituting any air contaminant source located on any
premises, at any reasonable time for the purpose of ascertaining the
state of compliance with the regulations made part of this Title and
making tests and samples as provided for herein. No person shall refuse
entry or access to the control officer, nor shall any person obstruct,
hamper or interfere with any inspection or unreasonably interfere with
such tests or sampling. Upon request, the owner or operator of the
premises shall receive a report setting forth all facts found which
relate to compliance status as a result of such tests and sampling.
(Ord. 25524 § 1; May 26, 1970).
(9.0) 45.04.110 SAMPLING AND TESTING
A. General Provisions. The control officer is hereby authorized
to conduct or cause to be conducted any test or sampling of the
operation of any equipment which, in his opinion, may result
in emissions in violation of any regulation in effect hereunder.
-64-
-------
Any test or sampling may be conducted by any method, other
than the particular method as may be specified in any regulation
hereunder, provided such substitute method is technically
equivalent or mutually agreed to in writing by the control
officer and the operator of the air contaminant source involved.
All tests shall be conducted by reputable, qualified personnel.
Upon request of the control officer, the person responsible
for the source to be tested shall provide necessary test ports
in stacks or ducts and such other safe and proper facilities,
exclusive of instruments and sensing devices as may be
necessary for proper determination of the emission of air
contaminants, and shall co-operate with the control officer
so as to permit such tests to be made, provided that such
tests shall not unreasonably interfere with normal operations
of the plant. Both the control officer and the operator of
the equipment tested may be present at the test and each
shall be entitled to a copy of the test results, in writing,
and signed by the person responsible for the tests.
If the control officer shall require any more than one test of
any air contaminant source in any twenty-for (24) month period,
and the results of such test fail to disclose that the operation
of the equipment so tested is in violation of the provisions
of the Code, then the City shall pay all costs and expenses
of the test.
B. Test by Operator. Upon notification by the control officer to
the operator of any air contaminant source that emission tests
are considered necessary, such person may elect to conduct such
tests and sampling, in which event such person shall notify the
control officer of such election and of the time and date such
person proposes to conduct such tests and sampling, in which
case such person shall pay all costs and expenses incurred in
making such test or taking such sample. In any such test
conducted by such person, the control officer may require that
his duly authorized representative be present during the
conduct of such tests and the taking of such samples.
C. Testing by control officer. Tests or samplings made by the
operator shall not prohibit the control officer, if he so
elects, from making independent tests or samplings. In either
event, the control officer and the person who is the operator
of such equipment shall be entitled to a complete detailed
report of all tests and sampling. (Ord. 25524 § 1; May 26, 1970)
(6.0) 45.04.120 ABATEMENT AND COMPLIANCE
(15.0)
A. Issuance of Orders. Whenever the control officer determines
that the terms of conditions of this Code have been violated,
he may order that the violation be abated within a reasonable
time to be prescribed by him; such order to be served by
registered mail.
-65-
-------
B. Schedule of Compliance. Any person owning or responsible for
the operation of any existing installation not in compliance
on the effective date of this Code shall submit to the control
officer in a form and manner satisfactory to him, a program
and schedule for achieving compliance, such will be attained,
and such other information as the control officer may require.
If approved by the control officer, such date will be the date
on which the person shall comply.
C. Extensions for Compliance. In the event the control officer
determines that:
1. The person is taking all reasonable actions available to
him to comply with the time limitations, but such compli-
ance is not possible;
2. The delay is caused by conditions beyond the jurisdiction
and control of such person; or
3. The imposition of the time limitation will cause an undue
hardship;
then the control officer may grant such additional extensions
of time as are necessary under the criterion set forth above.
(Ord. 25524 § 1; May 26, 1970).
(2.0) 45.04.130 AIR QUALITY CONTROL BOARD OF VARIANCES AND APPEALS
There is hereby created a Board to be known as the Air Quality Control
Board of Variances and Appeals. This Board shall consist of seven (7)
members. One member shall be a registered professional engineer, two
members shall be selected from the medical profession or related fields,
two members shall be representatives of industry and two members shall
be general representatives of the residents of the City of Omaha. Three
members shall initially be appointed for a term of one (1) year. Four
members shall initially be appointed for a term of two (2) years, and all
members shall thereafter be appointed for a two (2) year term.
The members of the Board shall be appointed by the Mayor upon the recommenda-
tion of the Superintendent of the Permits and Inspections Division and
confirmed by the City Council. Vacancies shall be filled for any
unexpired term in the manner in which the original appointments are made.
Repeated absences, or failure of attendance of any three (3) consecutive
meetings by any member shall render such member liable to immediate
removal as a member of the Board at the discretion of the Mayor. Board
members shall receive fifteen dollars for every meeting attended.
The Board may adopt and enforce with respect to its duties such reasonable
rules and regulations as may be necessary and proper for performance
of its work. Five (5) members of the Board shall constitute a quorum.
-66-
-------
The Board shall conduct hearings on appeals from actions and orders of
the Superintendent of Permits and Inspections Division and upon all
petitions for variance.
The Board may affirm, modify, or rescind any action of the Superintendent
of the Permits and Inspections Division if it finds that there is error
in the order or decision; it may grant, modify, rescind, deny or approve
petitions for variance. All such actions shall be by the affirmative vote
of the majority of the members present at any such meeting.
Any decision of the Board rendered pursuant to this Section shall be final
and any appeal therefrom shall be to the District Court of Douglas County,
Nebraska. (Ord. 14924 § 19-11.11; as amended by Ord. 15763; September
30, 1947, Ord. 25355 § 1; November 25, 1969, and Ord. 25524 § 1; May
26, 1970).
(2.0) 45.04.140 RIGHT OF APPEAL.
Any person aggrieved by any order of the Superintendent of the Permits
and Inspections Division may file an appeal in writing with the
Superintendent of the Permits and Inspections Division within ten days
of the date of such decision and it shall be the responsibility of the
Superintendent of the Permits and Inspections Division to see that such
appeal when properly filed and accompanied by a ten dollar ($10.00) fee
is forthwith transmitted to the Chairman of the Air Quality Control
Board of Variances and Appeals and that said appeal is docketed for
hearing by said Board within a period of 30 days from and after its
receipt. (Ord. 14924 § 19-11.12; as amended by Ord. 15763; September
30, 1947, Ord. 25355 § 1; November 25, 1969, and Ord. 25524 § 1;
May 26, 1970).
(5.0) 45.04.150 VARIANCES
A. Any person who owns or is in control of any plant, building
structure, process or equipment may apply to the Air Quality Control
Board of Variance and Appeals if it finds that the emissions occurring
or proposed to occur do not endanger or tend to endanger the human
health or safety or that compliance with the rules and regulations
from which variance is sought would produce extreme hardship without
benefit to the public. In making such findings the Board shall give
due consideration to all the facts and circumstances bearing upon the
reasonableness of the emissions involved including the following:
1. The character and degree of injury to or interference
with health and physical property of the people;
2. The social and economic value of the source of the air
pollution;
3. The question of priority of location in the area involved;
-67-
-------
4. The technical practicability and economic reasonableness of
reducing or eliminating the emissions resulting from such
source.
B. No variance shall be granted pursuant to this Section except
after public hearing on due notice and until the Board has
considered the relative interests of the applicant, other
owners of property likely to be affected by the emissions, and
the general public.
C. Any variance or renewal thereof shall be granted within the
requirements of this Section as hereinafter set forth and for
time periods and under conditions consistent with the reasons
therefor, and within the following limitations:
1. If the variance is granted on the ground that there is no
practicable means known or available for the adequate
prevention, abatement or control of the air pollution
involved, it shall be only until the necessary means for
prevention, abatement or control become known and
available, and subject to the taking of any substitute
or alternate measures that the Board may prescribe;
2. If the variance is granted on the ground that compliance
with the particular requirement from which variance is
sought will necessitate the taking of measures which,
because of their extent or cost, must be spread over a
period of time, it shall be for a period not to exceed
such reasonable time as, in view of the Board is
requisite for the taking of the necessary measures. A
variance on the ground specified herein shall contain a
timetable for the taking of action in an expeditious
manner and shall be conditioned on adherence to such
timetable;
3. If the variance is granted on the ground that it is justified
to relieve or prevent extreme hardship of a kind other than
previously herein provided, it shall be for not more than
one year.
D. Any variance granted pursuant to these provisions may be renewed
on terms and conditions and for periods which would be appro-
priate on initial granting of a variance. If complaint is
made to the Board on account of the variance, no renewal
thereof shall be granted, unless following public hearing on
the complaint on due notice, the Board finds that renewal is
justified.
-68-
-------
No renewal shall be granted except on application therefor.
Any such application shall be made at least sixty days prior
to the expiration of the variance. Immediately upon receipt
of an application for renewal properly filed with the
Superintendent of Permits and Inspections Division, he shall
transmit such application to the Board and the Board shall
give public notice on such application in accordance with the
rules and regulations as established by the Board.
E. A variance or renewal shall not be a right of the applicant or
holder thereof but shall be in the discretion of the Board.
The granting or denial of a variance or a renewal therefor
shall be by final order of the Board. Any person adversely
affected by such an order may obtain judicial review thereof
in accordance with the provisions of the State Law.
(Ord. 14924 § 19-11.13; as amended by Ord. 15763; September
30, 1947, Ord. 25355 § 1; November 25, 1969, and Ord. 25524
§ 1; November 25, 1969, and Ord. 25524 § 1; May 26, 1970).
(6.0) 45.04.160 DATE OF COMPLIANCE
Unless otherwise specifically designated within the provisions of this
Title, every existing source of air contaminant emission shall comply
with the provisions of this Code on or before September 30, 1970.
(Ord. 14924 § 19-11.14; as amended by Ord. 15763; September 30, 1947,
Ord. 25355 § 1; November 25, 1969, and Ord. 25524 § 1; May 26, 1970).
(50.1.2) 45.04.170 RESTRICTION OF EMISSION OF VISIBLE AIR CONTAMINANTS
A. Restrictions Applicable to Existing Sources of Air Contaminant
Emission.
No person shall discharge into the ambient air from any source
of emission whatsoever any air contaminant of a shade or density
equal to or darker than that designated as No. 2- on the
Ringelmann Chart, or of such opacity as to obscure an observer's
view to a degree equal to or greater than does an emission
herein prohibited.
B. Restriction Applicable to Sources of Emission Created
After June 30, 1970.
No person shall discharge into the ambient air from any source
of emission whatsoever any contaminant of a shade or density
equal to or darker than that designated as No. 1 on the
Ringelmann Chart or of such an opacity as to obscure an
observer's view to a degree equal to or greater than does an
emission herein prohibited.
-69-
-------
C. Exceptions.
1. It shall be permissible to discharge into the ambient air
from any source of emission for a period or periods
aggregating not more than three minutes in any sixty minutes
air contaminants of a shade or density not darker than No. 2
on the Ringelmann Chart or of such opacity as to obscure an
observer's view to a degree prohibited herein when starting
or cleaning a fire or changing fuels, provided such excep-
tions shall not apply to more than three occasions in any
twenty-four hour period.
2. Where the presence of uncombined water is the only reason
for failure of an emission to meet the requirements of
these regulations, the provisions of this Section shall
not apply.
3. The provisions of this Section shall not apply to the
following:
a. Transfer of molten metals.
b. Emissions from transfer ladles.
D. Method of Measurement. The method to be used in grading the
shade or density of a visible air contaminant shall be the
Ringelmann Chart, or such other method as shall be approved
by the control officer to determine equivalent opacity.
(Ord. 15763 § 2; September 30, 1947, as amended by Ord. 25355
§ 1; November 25, 1969, and Ord. 25524 § 1; May 26, 1970).
(51.5) 45.04.180 RESTRICTION OF EMISSION OF AIR CONTAMINANTS FROM FUEL
BURNING EQUIPMENT
A. No person shall cause or permit the emission of particulate
matter from any fuel burning equipment, as measured in the
flue, in excess of the following weights:
1. 0.60 pounds for each million B.T.U. per hour input if the
equipment has a capacity rating of 10 million B.T.U. per
hour or less. If the capacity rating of the fuel burning
equipment is more than 10 million B.T.U. per hour, the
amount of particulate matter which may be emitted for
each million B.T.U. input shall decrease as the capacity
rating of the fuel burning equipment increases, as follows:
a. no more than 0.41 pounds for each million B.T.U. per
hour input from equipment having a capacity rating of
50 million B.T.U. per hour.
-70-
-------
b. no more than 0.35 pounds for each million B.T.U. per
hour input from equipment having a capacity rating of
TOO million B.T.U. per hour;
c. no more than 0.24 pounds for each million B.T.U. per
hour input from equipment having a capacity rating of
500 million B.T.U. per hour:
d. no more than 0.21 pounds for each million B.T.U. per
hour input from equipment having a capacity rating of
1,000 million B.T.U. per hour;
e. no more than 0.17 pounds for each million B.T.U. per
hour input from equipment having a capacity rating of
2,500 million B.T.U. per hour;
f. no more than 0.14 pounds for each million B.T.U. per
hour input from equipment having a capacity rating of
5,000 million B.T.U. per hour;
g. no more than 0.13 pounds for each million B.T.U. per
hour input from equipment having a capacity rating of
7,500 million B.T.U. per hour;
h. no more than 0.12 pounds for each million B.T.U. per
hour input from equipment having a capacity rating of
10,000 million B.T.U. or more.
2. The amount of particulate matter which may be emitted from
fuel burning equipment having an intermediate capacity
rating, shall be determined by linear interpolation.
3. If two or more fuel burning units are connected to a single
stack, the total capacity rating of all fuel burning units
connected to the stack shall be the capacity rating for
the purpose of computing the amount of particulate matter
which may be emitted. If a single fuel burning unit is
manifold to two or more stacks, the capacity rating of the
single fuel burning unit shall be the capacity rating for
the purpose of computing the amount of particulate matter
which may be emitted.
4. These regulations shall apply to all installations in which
fuel is burned for the primary purpose of producing steam,
hot water, or hot air, or other indirect heating of liquids,
gases, or solids and, in the course of doing so the products
of combustion do not come into direct contact with
processed materials.
-71-
-------
When any product or by-product of a process is burned
for the same purpose or in conjunction with a fuel,
the same maximum emission limitations shall apply.
5. For the purpose of these regulations, the heat input
shall be the aggregate heat content of all fuels whose
products of combustion pass through a stack, or the
equipment manufacturer's or designer's guaranteed
maximum input, which ever is greater. The total heat
input of all fuel burning units at a plant or on a
premises shall be used for determining the maximum
allowable amount of particulate matter which may be
emitted.
6. The heat content of coal shall be determined according
to ASTM method D-271-64 Laboratory Sampling and
Analysis of Coke and Coal, or ASTM method D-2015-62T
Gross Calorific Value of Solid Fuel by the Adiabatic
Bomb Calorimeter.
7. The amount of particulate matter emitted shall be
measured according to the American Society of
Mechanical Engineers Power Test Codes-PTC-127 dated
1957 and entitled "Determining Dust Concentration in
a Gas Stream." (Ord. 25355 § 1; November 25, 1969,
as amended by Ord. 25524 § 1; May 26, 1970).
(50.1) 45.04.190 RESTRICTION OF EMISSION OF AIR CONTAMINANTS FROM INDUSTRIAL
PROCESS EQUIPMENT AND INDUSTRIAL PROCESSES
A. No person shall cause or permit the emission of particulate
matter into the ambient air in any one hour period from any
emission source in excess of the amount allowed for the
process weight allocated to such source as indicated in
Appendix A.
B. Emission tests relating to this Section shall be made following
the standards in American Society of Mechanical Engineers Power
Test Code-PTC-27 dated 1957 and entitled "Determining Dust
Concentration in a Gas Stream." (Ord. 25355 § 1; November 25,
1969, as amended by Ord. 25524 § 1; May 26, 1970).
(51.9) 45.04.200 RESTRICTION OF EMISSION OF AIR CONTAMINANTS FROM INCINERATORS
A. No person shall cause or permit the emission of particulate
matter into the ambient air from any incinerator in excess of
the following allowable amounts:
i
1. Incinerators with a maximum refuse burning capacity of less
than 200 pounds of refuse per hour shall not emit in excess
of 0.3 grains of particulate matter per standard dry cubic
foot of exhaust gas.
-72-
-------
2. Incinerators with a maximum refuse burning capacity of
200 or more pounds of refuse per hour shall not emit in
excess of 0.2 grains of particulate matter per standard
dry cubic foot of exhaust gas.
B. No person shall operate any incinerator which does not provide
that all gases, vapors, and entrained effluents when passing
through the gas incineration stage shall be maintained at a
temperature of not less than 1200 degrees Fahrenheit for not
less than 0.3 seconds or eliminated by such other means as
to produce an equivalent result.
C. For the purpose of these Sections, the burning capacity of an
incinerator shall be the manufacturer's or designer's
guaranteed maximum rate, or the standards as determined
by Control Officer.
D. The amount of particulate matter emitted form any incinerator
shall be determined according to the American Society of
Mechanical Engineers Power Test Codes-PTC-27 dated 1957 and
entitled "Determining Dust Concentration in a Gas Stream,"
or such other test as may be determined by the Control Officer.
E. In calculating the amount of particulate matter in stack gas,
the loading shall be adjusted to twelve percent carbon dioxide'
in the stack gas. The carbon dioxide produced by burning of
any liquid or gaseous auxiliary fuel in the incinerator shall
be excluded from the calculation to twelve percent carbon
dioxide. Emissions jnay be measued when the incinerator is
operating at full capacity or at the load rate at which it is
normally operated.
F. Existing incinerators which do not meet the requirements of
this Section shall be modified or rebuilt in compliance with
this Section in accordance with the following schedule:
RATED CAPACITY DATE OF COMPLIANCE
1,000 or above Ibs./hr. June 30, 1971
500 to 999 Ibs./hr. December 31, 1971
All others June 30, 1972
(Ord. 25355 § 1; November 25, 1969; as amended by Ord. 25524
§ 1; May 26, 1970).
(51.13) 45.04.210 RESTRICTION OF EMISSION OF AIR CONTAMINANTS FROM OPEN
BURNING
A. No person shall cause or permit any open burning of any refuse,
salvage material, waste or trade wastes, by-products or a
manufacturing process, or any other material, building or
structure.
-73-
-------
B. Exceptions. The open burning of trade wastes may be permitted
when it can be shown that such open burning is necessary and
in the public interest. Any person intending to engage in open
burning of trade wastes shall file a written request to do so
with the Superintendent of Permits and Inspections. The
application shall state the following:
1. The name, address and telephone number of the person sub-
mitting the application.
2. The type of business or activity involved.
3. A description of the proposed equipment and operating
practices, the type, quantity and composition and amount
of trade wastes to be burned, and the expected composition
and amount of air contaminants to be released to the
atmosphere.
4. The schedule of burning operations.
5. The exact location where open burning will be used for
disposal of trade waste.
6. Reasons why open burning is the only feasible method of
disposal of trade waste and why disposal is in the public
interest.
C. Fire Prevention Permit. Upon written approval of the application
by the Superintendent of Permits0and Inspections, the applicant
may be issued a permit to open burn trade wastes within the
approval of the Fire Marshall.
D. Compliance. Any person presently engaged in any business or
occupation wherein he permits or causes open burning as
prohibited in Section (a) hereof shall within 90 days from
the effective date of this Code submit to the Superintendent
of Permits and Inspections a compliance schedule as provided
in Section 45.04.120 (b) and the Superintendent of Permits
and Inspections shall see that such compliance is fully
implemented and that the applicant is not in violation of
Section (a) hereof within 90 days thereafter. (Ord. 25355
§ 1; November 25, 1969, as amended by Ord. 25524 § 1; May
26, 1970).
(51.21) 45.04.220 RESTRICTION OF EMISSION OF AIR CONTAMINANTS FROM
MISCELLANEOUS SOURCES
A. No person shall permit or cause the emission of particulate
matter from any source whatsoever in such amounts that when
airborne across the property line it may be detrimental to
health, safety, or welfare.
-74-
-------
B. No person shall cause or permit the emission of uncombined
water droplets for such an opacity as to create a condition
which is hazardous to health, safety, or welfare.
C. No person shall cause or permit the emission of dust or other
particulate from wrecking buildings, excavations, parking lots,
feed or grain mills, unloading of bulk Portland cement, crushed
limestone, or any other like operation in excess of 500
micrograms of suspended particulate per cubic meter of ambient
air. at the property line in any 60 minute period.
(Ord. 25355 § 1; November 25, 1969, as amended by Ord, 25524 §
1; May 26, 1970).
(50.6) 45.04.230 RESTRICTION OF EMISSION OF OBJECTIONABLE ODORS INTO THE
AMBIENT AIR
A. No person shall cause or permit the emission of any objection-
able odorous matter into the ambient air in such amounts as to
be detectible by the standards set out hereinafter.
B. For the purpose of this section, an odor will be deemed to be
objectionable when the source of the odor has been classified
as a producer of objectionable odors as designated in Appendix
B.
C. An odor will be deemed to be objectionable when there are
complaints from a substantial number of people objecting to
an emission source not already designated.
D. An objectionable odor will be deemed to be detectable when it
has been substantiated by an air quality control inspector.
This officer shall consider the complaint valid when odor is
detectable,
1. on or adjacent to residential, recreational, or institutional,
retail sales, hotel or recreational premises, after ambient
air is diluted with four (4) volumes of odor-free air.
2. on or adjacent to industrial premises, after ambient air is
diluted with twenty (20) volumes of odor-free air.
3. on or adjacent to premiese other than those hereinbefore
designated after ambient air is diluted with eight (8)
volumes of odor-free air.
E. The sampling of ambient air to establish that an objectionable
odor exists shall be at or beyond the property line of the
emission source or at or near a location of human habitation.
-75-
-------
F. For field measurements, dilution methods for determining odor
concentrations shall be in accordance with test procedures
employed in the use of the Barnebey-Cheney Scentometer Model
1-3 or its equivalent.
G. In the event that there is a dispute as to the existence of an
objectionable odor, the Superintendent of the Permits and
Inspections Division may resolve such dispute by applying the
Mills Adaptation of ASTM D-1391-57. The results of this
test shall be deemed to be conclusive.
H. In the event that the emission of more than one person is
contributing to a particular objectionable odor, abatement
shall be deemed effective when the odor concentration from
each person is not more than One Hundred Twenty (120) odor
units per cubic foot measured at the point of emission.
(Ord. 25355 § 1; November 25, 1969, as amended by Ord. 25524 §
1; May 26, 1970).
(51.9) 45.04.240 RESIDENTIAL EXEMPTIONS
(51.13)
A. Residential Incinerators. The provisions of this title
relating to incinerators shall not be applicable to existing
incinerators situated on residential premises and used
exclusively to dispose of the rubbish originating on the
same premises; provided that the total number of dwelling
units on said premises shall not exceed three (3) until
December 31, 1974. From and after the effective date of
this Code, all new incinerators situated on residential
premises as hereinbefore designated shall be installed only
after application for a permit for such installation has
been made to the Superintendent of the Permits and
Inspections Division shall issue a permit for installation
of a residential incinerator only after receipt of a
manufacturer's certificate of compliance, or other evidence
which in his discretion shall be sufficient to certify that
the proposed incinerator shall perform in compliance with the
provisions of this Code. The permit fee for all such installa-
tion permits shall be Five Dollars ($5.00).
B. Residential Open Burning. The provisions of this Title regulat-
ing open burning shall not apply to open burning on residential
premises where such open burning is used exclusively to dispose
of rubbish originating on the same premises and provided that
the total number of dwelling units on the premises shall not
exceed three until May 31, 1972. (Ord. 25355 § 1; November 25,
1969, as amended by Ord. 25524 § 1; May 26, 1970).
-76-
-------
(8.0) 45.04.250 EMERGENCY CONDITION
If the control officer after investigation finds, or has cause to believe
that a generalized or specific condition of air pollution exists in any
area of the City and that, in his opinion, such condition creates an
emergency requiring immediate action to protect human health or safety
in such areas, he may, with the written approval of the Mayor or acting
mayor, issue such order or orders to persons causing or contributing
to such condition of air pollution to reduce or discontinue immediately
the emission of such air contaminants into the ambient air. Upon receipt
of any such order, the persons to whom it is directed shall immediately
comply with such order. (Ord. 25524 § 1; May 26, 1970).
(16.0) 45.04.260 PENALTIES
Any person violating any of the provisions of this Title shall upon
conviction thereof be fined in any sum not to exceed Five Hundred
Dollars ($500.00) or be sentenced to be imprisioned not to exceed
six (6) months in the County Jail, or any combination of such fine
and imprisonment in the discretion of the Court, and each continuing
day of violation shall be deemed to constitute a separate offense.
(Ord. 25355 § 1; November 25, 1969, as amended by Ord. 25524 § 1;
May 26, 1970).
(2.0) 45.04.270 SEVERABILITY
If any section, clause, provision or part or portion or any section,
clause,.provision of this Title or the application thereof to any person
or circumstances is held invalid or unconstitutional, such invalidity
or unconstitutionally shall not affect the validity or application of
any other section, clause, provision or part or portion of this Title.
(Ord. 25355 § 1; November 25, 1969, as amended by Ord. 25524 § 1;
May 26, 1970).
-77-
-------
APPENDIX A
Process Weight
Rate
Rate of
Emission
Process Weight
Rate
Lb/Hr
Tons/Hr Lb/Hr
Lb/Hr
Tons/Hr
Rate of
Emission
Lb/Hr
100
200
400
600
800
1,000
1,500
2,000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
9,000
10,000
12,000
0.05
0.10
0.20
0.30
0.40
0.50
0.75
1.00
1.25
1.50
1.75
2.00
2.50
3.00
3.50
4.00
4.50
5.00
6.00
0.551
0.877
1.40
1.83
2.22
2.58
3.38
4.10
4.76
5.38
5.96
6.52
7.58
8.56
9.49
10.4
11.2
12.0
13.6
16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
200,000
1,000,000
2,000,000
6,000,000
8.00
9.00
10.00
15.00
20.00
25.00
30.00
35.00
40.00
45.00
50.00
60.00
70.00
80.00
100.00
500.00
1,000.00
3,000.00
16.5
17.9
19.2
25.2
30.5
35.4
40.0
41.3
42.5
43.6
44.6
46.3
47.8
49.0
51.2 .
69.0
77.6
92.7
Interpolation of the data in this table for process weight rates up tog7
60,000 Ib/hr shall be accomplished by use of the equation E = 4.10 P .
and interpolation and extrapolation of the data for process weight rates
in excess of 60,000 Ib/hr shall be accomplished by use of the equation,
E = 55.0 pO-ll -40, where E = rate of emission in Ib/hr and P = process
weight rate in tons/hr.
-78-
-------
APPENDIX B
Detectable Odors emitted from the following sources of emission are
hereby declared to be objectionable:
A. Ammonia, bleaching powder or chlorine manufacture.
B. Asphalt manufacture or refining.
C. Blood Processing.
D. Bag cleaning.
E. Celluloid manufacture.
F. Coal tar products manufacture.
G. Compost heaps.
H. Crematory.
I. Creosote treatment or manufacture.
J. Disinfectants manufacture.
K. Distillation of bones, coal or wood.
L. Dyestuff manufacture.
M. Fat rendering.
N. Fertilizer manufacture and bone grinding.
0. Glue, size or gelatine manufacture.
P. Incinerator or reduction of garbage, dead animals, offal or
refuse.
Q. Oiled rubber or leather goods manufacture.
R. Paint, oil, shellac, turpentine or varnish manufacture.
S. Paper and pulp manufacture.
T. Rubber or gutta percha manufacture.
U. Sauerkraut manufacture.
V. Shoe-blackening manufacture.
W. Soap manufacture.
X. Stock yards.
Y. Sulphuric, nitric or hydrochloric acid manufacture.
Z. Tanning, curing or storage of rawhides or skins.
AA. Tar distillation or manufacture.
BB. Tar roofing or waterproofing manufacture.
-79-
-------
AIR POLLUTION CONTROL ORDINANCE
NO. 9160
CITY OF LINCOLN, NEBRASKA.
-80-
-------
(2.0) Section 1. PURPOSE
This ordinance is designed to control air pollution (defined in Section
2) by establishing standards of emission, declaring emissions which do
not meet such standards to be unlawful and a public nuisance, empower-
ing investigation and abatement of violations of this ordinance by
the City's air pollution control officer, establishing the office and
prescribing the duties of the air pollution control officer, pre-
scribing penalties for the violation of this ordinance, and providing
just and adequate means by which the provisions of this ordinance may
be executed.
(1.0) Section 2. DEFINITIONS
The following definitions cover the intended use of these words in
this ordinance.
a. Air Contaminant
This term includes but is not limited to particulate matter,
dust, fly ash, fume, gas, mist, odor, smoke, vapor, pollen,
radioactive material, ionizing radiation, any combination
thereof, or any decay or reaction product thereof.
b. Air Pollution
One or more air contaminants or combinations thereof present
in the atmosphere in such quantities and of such duration,
which are or may tend to be injurious to human, plant, or
animal life, or property, or which interfere with the normal
enjoyment of life or property, or the conduct of business.
c. Air Pollution Control Officer
Air pollution control officer shall mean the Health Director
of the Lincoln-Lancaster County Health Department or his
duly authorized representative.
d. Control Equipment
Any equipment that has the function to prevent the formation
of or the emission to the atmosphere of air contaminants
from any fuel burning., incinerator or process equipment.
e. Emission
The act of passing into the outdoor atmosphere an air con-
taminant or contaminants, or the material so passed to the
outdoor atmosphere.
-81-
-------
f. Fuel-burning Equipment
Any equipment such as furnace, steam, hot-air or hot-water
generating equipment, including ductwork, stacks, chimneys,
control equipment, or any other device, exclusive of pro-
cess equipment and incinerators, in which fuel or other com-
bustible material is burned and in which the products of com-
bustion do not come in direct contact with any process material
or heat transfer medium. This definition does not include
equipment defined in this ordinance as "process equipment,"
and incinerators.
g. Open Burning
Any fire from which the products of combustion are emitted
directly into the outdoor atmosphere without passing
through a stack or chimney.
h. Particulate Matter
Any material except uncombined water which exists as a liquid
or solid at 68 degrees Fahrenheit and 14.7 pounds per square
inch absolute pressure.
i. Person
Any individual, partnership, association, syndicate, company,
firm, trust, corporation, government corporation, department,
bureau, agency, or any other entity recognized by law as the
subject of rights and duties.
j. Process Equipment
Any equipmnet, device or contrivance for changing any materials
whatever or for storage or handling of any materials, the use
or existence of which may cause any discharge of air contami-
mants into the outdoor atmosphere but not including the
equipment specifically defined as "fuel burning equipment"
or "control equipment" in this ordinance.
k. Process Weight
The total amount of all material introduced into an indus-
trial operation, including solid fuels, but excluding liquid
fuels and gaseous fuels when these are used as fuels and are
introduced for purposes of combustion.
-82-
-------
1. Process Weight Per Hour
For continuous or long-term operation: The total process
weight for the entire period of operation or for a typical
portion thereof, divided by the number of hours of such
period or portion thereof. For batch operation: The total
process weight for a period, which covers a complete opera-
tion or an integral number of cycles, divided by the hours
of actual process operation during such period.
m. Refuse
The term "refuse" shall be construed to mean and include
garbage, rubbish, ashes, street refuse, dead animals,
vehicles and parts thereof, industrial wastes, construction
wastes, sewage treatment residue, and any other waste matter
or material, except leaves and grass, which accumulates in
the conduct of a household, business establishment, shop or
factory of any kind or nature, and any other combustible
waste material containing carbon in a free or combined state.
n. Registration
The notification of the air pollution control officer in
the manner specified by the air pollution control officer,
of the installation, alteration or existence of fuel-burn-
ing, process, incinerators, or control equipment.
o. Salvage Operation
Any operation conducted in whole or in part for the salvaging
or reclaiming of any product or material.
p. Stack or Chimney
A flue, conduit, or opening arranged for emitting any air
contaminant into the outdoor atmosphere 20 feet or more
above ground level.
q. Incinerator
Any article, machine, equipment, contrivance, structure or
part of a structure, used to dispose of combustible refuse
by burning, consisting of one or more combustion chambers.
r. Multiple Chamber Incinerator
Any article, machine, equipment, contrivance, structure or
part of a structure, used to dispose of combustible refuse
-83-
-------
by burning, consisting of two or more refractory lined com-
bustion furnaces in series, physically separated by re-
fractory walls, interconnected by gas passage ports or
ducts and employing adequate design parameters necessary
for maximum combustion of the material to be burned. The
refractories shall have a Pyrometric Cone Equivalent of
31, tested according to the method described in the American
Society for Testing Materials, Method C-24-56.
s. Burning Capacity of Incinerator
The burning capacity of an incinerator shall be the manu-
facturer's or designer's guaranteed maximum rate expressed
in pounds or tons of refuse per hour, or in the absence of
this data, such other rate as may be determined by the air
pollution control officer in accordance with good engineering
practice.
t. Adoption by Reference
Three copies of all publications adopted by reference herein
have been filed with the City Clerk.
(2.0) Section 3. ADMINISTRATIVE ORGANIZATION
a. The air pollution control officer is charged with the duty
of investigating, preventing, and abating causes of air
pollution and enforcing the provisions of this ordinance.
The air pollution control officer shall have the power and.
duty to:
1. Make such inspections and such tests as he deems neces-
sary to determine whether the provisions of this or-
dinance are being complied with; and require the sub-
mission of air contaminant emission information as
needed for purposes of emission inventory and registration.
(a) The registration and emission inventory shall be
made on forms furnished by the air pollution con-
trol officer.
(b) The air pollution control officer shall determine
the equipment required to be registered, the per-
sons to submit the registration, the information
required, and the means of maintaining current
status of the registration. Any information re-
lating to secret processes, methods of manufacture
-84-
-------
or production obtained in the course of inspec-
tions or tests, or gathered with emission infor-
mation shall be kept confidential.
2. Investigate all complaints of violations of this ordinance
and issue notices and orders granting a reasonable time
to comply with the provisions of this ordinance.
3. Institute necessary proceedings to secure abatement of
violations of this ordinance.
4. Advise planning agencies regarding air-use aspects of
plans and planning functions in order to prevent land-
use conflicts with air quality needs and to ensure
installation of suitable air pollution control equip-
ment. Conduct studies as needed to meet this responsi-
bility and recommend zoning regulations pertaining to.
air pollution control.
5. Make recommendations with respect to needed revisions
in this, or any other ordinance pertaining to air
pollution.
6. Encourage voluntary cooperation by persons or affected
groups in preservation and restoration of the purity
of air.
7. Collect and disseminate information on air pollution
control.
8. Subject to the laws of the State of Nebraska and the
City of Lincoln, administer grants or other funds or
gifts for the purpose of carrying out any of the purposes
of this ordinance.
9. Advise, consult and cooperate with federal, state and
local government agencies and the officials and employ-
ees thereof and with other interested persons or groups
in regard to matters of common interest in air pollution
control.
The Mayor, as chief administrative officer, has the power
to modify or vacate any order of the air pollution control
officer.
b. The Mayor of the City of Lincoln shall appoint, with City
Council approval, an advisory board of nine members, four
-85-
-------
(4) of whom shall be from industry. The air pollution con-
trol officer shall be an ex officio member of the advisory
board and shall serve as Secretary to the advisory board.
The City Attorney or one of his staff, and the Planning
Director, or one of his staff, shall serve as ex officio
members of the advisory board. The members of the board
shall serve for a period of four years on staggered terms,
with members being appointed every two years; provided,
however, that of the first nine appointed members, four
shall be appointed for a two year term. Appointments to
fill a vacancy on the board shall be for the unexpired term
of the member whose vacancy is being filled. The advisory
board shall meet annually and in addition, shall meet at
the call of the Mayor or upon a written request signed by
five of its members and filed with the secretary of the
board. Annually, the board shall organize itself by the
election from its membership of a president and a vice-
president. The advisory board shall advise the Mayor and
City Council with respect to needed revision in this or
any other ordinance pertaining to air pollution and on mat-
ters concerning air pollution. At the annual meeting,
meetings called by a request of five of the board members,
and at such times as requested by the Mayor, the board shall
review the program of the air pollution control officer
under this ordinance and shall submit a report to the Mayor
and the City Council as to their evaluation of the program.
Upon request by the Mayor, the advisory board shall also
study administrative decisions of the air pollution control
officer, and make recommendations to the Mayor concerning
such decisions.
(50.1.2) Section 4. VISIBLE EMISSION
No person shall cause, suffer, or allow to be discharged into the
outdoor atmosphere from any existing source whatsoever any air
contaminant
a. Equal to or darker in shade than that designated as No. 2
on the Ringelmann Smoke Chart, or
b. Of such opacity as to obscrue an observer's view to a degree
equal to or greater than does black or gray smoke desig-
nated as No. 2 on the Ringelmann Smoke Chart.
No person shall cause, suffer, or allow to be discharge into the
outdoor atmosphere from any source or installation constructed
after the effective date of this ordinance any air contaminant
-86-
-------
a. Equal to or darker in shade than that designated as No. 1
on the Ringelmann Smoke Chart, or
b. Of such opacity as to obscure an observer's view to a degree
equal to or greater than does black or gray smoke designated
as No. 1 on the Ringelmann Smoke Chart.
Opacity of visible emissions or air contaminants shall be determined
by the degree of obscuration of an observer's view equivalent to
that of black or gray smoke as measured by the Ringelmann Smoke Chart
as published by the United States Department of the Interior, Bureau
of Mines, in "Information Circular 7718" dated August, 1955,adopted
as a part of this ordinance by reference, or by use of means or
devices which result in measurements of equal or better accuracy.
Notwithstanding the above prohibitions:
a. Air contaminants of such opacity as to obscure an
observer's view to a degree as No. 2 on the Ringelmann
Smoke Chart are permitted for a period or periods aggrega-
ting three (3) minutes in any sixty (60) minutes;
b. Air contaminants of such opacity as to obscure an observer's
view to a degree equal to but not greater than black smoke
designated as No. 3 on the Ringelmann Smoke Chart may be
permitted for a period not greater than three (3) minutes
in any sixty (60) minute period when starting or cleaning
a fire, provided such emission shall not be permitted on
more than three occasions during any 24-hour period; and
c. If an emission of air contaminants does not meet the re-
quirements of this section, but contains less than 0.10
pound of particulate matter per 1,000 pounds of flue gas,
such emission is permitted.
The provisions of this section shall not apply to visible emissions
resulting from any fire ignited for the purpose of training firemen,
or for research in fire protection or prevention, nor to visible
emissions resulting from an unavoidable breakdown or malfuction of
equipment, nor to visible emissions of uncombined water droplets.
However, fires to be ignited for the purpose of training firemen,.
or for research in fire protection or prevention may only be
ignited after consultation with the air pollution control officer
and receipt of special permit in writing from him.
-87-
-------
(51.5) Section 5. EMISSION OF PARTICULATE MATTER FROM FUEL-BURNING
EQUIPMENT
No person shall cause, suffer, or allow to be emitted into the out-
door atmosphere from any fuel-burning equipment or premises, or to
pass a convenient measuring point near the stack outlet, particulate
matter in the gases to exceed 0.70 pound per 1,000,000 BTU heat
input for installations using less than 10,000,000 BTU per hour
total input. For installations using greater than 10,000,000 BTU
per hour total input, Figure 1 will be used to determine the allow-
able particulate emission limitation.
The burning of refuse in fuel burning equipment is prohibited
except in equipment from which no smoke in excess of that permitted
by Section 4 and no air contaminants in excess of that permitted by
Section 5 are emitted and no odorous matter in excess of that per-
mitted by Section 10.
(50.1.1) Section 6. PARTICULATE MATTER EMISSIONS FROM INDUSTRIAL PROCESS
EQUIPMENT
The maximum allowable emission of particulate matter from any source
whatever except fuel burning equipment and incinerators shall be
determined from Table 1. (To use the table, find the process weight
rate in the table, and note the allowable rate of emissions in
pounds per hour next to the process weight per hour.)
(9.0) Section 7. STACK EMISSION TEST METHOD
Stack emission tests shall be conducted in accordance with the
American Society of Mechanical Engineers Test Code for Dust Separat-
ing Apparatus PTC 21-1941, and the American Society of Mechanical
Engineers Test Code for Determining Dust Concentrations in Gas
Streams PTC 27-1957, which are hereby fully adopted and made a part
ofthis ordinance by reference.
(9.0) Section 8. TEST FACILITIES
It shall be the responsibility of the owner or operator of the
operation tested to provide, at his expense, reasonable and necessary
openings in the system or stack, and safe and easy access thereto,
to permit technically valid samples and measurements to be taken.
-88-
-------
I
CO
ID
I
TOTAL INPUT-MILLIONS Of BTU
PER HOUR
-------
ALLOWABLE RATE OF EMISSION
BASED ON PROCESS WEIGHT RATE
Process
Weight
Lb/Hr
TOO
200
400
600
800
1,000
1,500
2,000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
9,000
10,000
Rate3
Tons/Hr
0.05
0.10
0.20
0.30
0.40
.0.50
0.75
1.00
1.25
1.50
1.75
2.00
2,50
3.00
3.50
4.00
4.50
5.00
Rate of
Emission0
Lb/Hr
0.551
0.877
1.400
1.830
2.220
2.580
3.380
4.100
4.760
5.380
5.960
6.520
7.580
8.560
9.490
10.400
11.200
12.000
Process
Weight
Lb/Hr
12,000
16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100.000
120,000
140,000
160,000
200,000
1,000,000
2,000,000
6,000,000
Rate3
Tons/Hr
6.00
8.00
9.00
10.00
15.00
20.00
25.00
30.00
35.00
40.00
45.00
50.00
60.00
70.00
80.00
100.00
500.00
1,000.00
3,000.00
Rate of
Emission13
Lb/Hr
13.600
16.500
17.900
19.200
25.200
30.500
35.400
40.000
41.300
42.500
43.600
44.600
46.300
47.800
49.000
51.200
69.000
77.600
92.700
3See Definitions (k) and (1) on page 4.
'•'Interpolation of the data in this table for process weight rates up to
60,000 Ib/hr shall be accomplished by use of the equation E = 4.10P°-67,
and interpolation and extrapolation of the data for process weight rates
in excess of 60,000Jb/hr shall be accomplished by use of the
equation E = 55.0 PO-''-40 where E = rate of emission in Ib/hr and
P = process weight rate in tons/hr.
All new potential sources of air contaminants erected after the effective
date of this ordinance shall at the time of construction be provided
with adequate openings in the system or stack; and safe and easy access
thereto, to permit technically valid samples and measurements to be
taken.
-90-
-------
(9.0) Section 9. EMISSION TEST COSTS
The air pollution control officer shall perform or have performed the
stack emission tests at the City's expense, provided, however, he may
accept a test conducted by the representative of the owner or operator
of the installation on the condition that the. person so electing to con-
duct his own stack emission tests shall pay for those tests irrespective
of their outcome. The results of such tests conducted by the owner or
operator will be accepted as proving what is being emitted from the stack
or source in question only if the testing method is approved by the
air pollution control officer and the test is documented to the satis-
faction of the air pollution control officer.
(50.6) Section 10. EMISSION OF ODOROUS MATTER
No person shall cause, suffer, or allow to be emitted repeatedly and
successively into the outdoor atmosphere odorous matter
a. On any land within the City; except those City zoning dis-
tricts described as "L Heavy Industrial District," or "M
Restricted Industrial District," that can be detected at a
point at or beyond the lot line of the property on which the
source of emission is located in such quantity that such odor
can be detected when one volume of ambient air is diluted
with five volumes of clean odor-free air; or
b. In those districts within the City which are zoned "L Heavy
Industrial District" or "M Restricted Industrial District,"
that can be detected at a point at or beyond the lot line of
the property on which the source of emission is located in
such quantity that such odor can be detected when one volume
of ambient air is diluted with ten volumes of clean odor-
free air. The dilution method for determining odor concen-
trations shall be in accordance with test procedures employed
in use of the Barnebey Cheney Scentometer, Model 1-3 or its
equivalent.
(51.13) Section 11. OPEN BURNING
No person shall cause, suffer, allow, or permit open burning of
refuse or salvage operations without having a permit therefore issued
by the air pollution control officer.
a. Application
A written application shall be filed with the air pollution
control officer giving reasons why no other practicable method
-91-
-------
except open burning can be employed to dispose of the salvage
operations; the amount and kind of refuse to be burned or
salvage operations; the exact location where the burning
will take place, including the distances to adjacent structures;
and the dates or days and times when the open burning is pro-
posed to be done. The air pollution control officer shall
act upon and notify the applicant within 5 days upon receipt
of the application.
b. Procedure
The air pollution control officer shall furnish the Fire
Department a copy of the written application referred to in
paragraph (a) above.
c. Permit
The air pollution control officer is authorized to issue a
permit only if:
1. There is no other practicable method except open burning
which can be employed to dispose of the refuse involved
or salvage operations; and
2. The Fire Department has approved the application as meet-
ing the City's fire safety requirements.
The air pollution control officer or the chief of the fire
deparment may prohibit any or all open burning or salvage
operations when atmospheric conditions or local circumstances
make such fires hazardous to health, welfare or safety of
persons or property, and all permits for burning shall be
subject to such prohibition or concallation.
(51.9) Section 12. INCINERATORS
After the effective date of this ordinance, only multiple chamber
incinerators or their equivalent shall be constructed or installed.
Incinerators existing at the time of the adoption of this ordinance
which are not multiple chamber incinerators or their equivalent shall
be altered, modified, rebuild, or replaced as may be necessary to
meet the performance requirements of this section.
No person shall cause or permit the emission of any particulate matter
from the stack or chimney of any incinerator in excess of the limits
according to maximum capacities as follows:
-92-
-------
a. Incinerators with a maximum refuse burning capacity
of less than 200 pounds of refuse per hour, the
maximum emission rate shall be 0.3 grains of particu-
late matter per standard dry cubic foot of exhaust
gas.
b. Incinerators with a maximum refuse burning capacity
of 200 or more pounds per hour, the maximum emission
rate shall be 0.2 grains of particulate matter per
standard dry cubic foot of exhaust gas.
The amount of particulate matter emitted from any incinerator shall
be determined or measured according to the procedures of the American
Society of Mechanical Engineers "Power Test Codes - PTC 27" dated
1957 and entitled "Determining Dust Concentration in a Gas Stream."
This publication is hereby made a part of this ordinance by reference.
In calculating the amount of particulate matter in stack gas, the
loading shall be adjusted to 12 percent carbon dioxide in the stack
gas. The carbon dioxide produced by burning of any liquid or
gaseous fuel in the incinerator shall be excluded from the calcula-
tion to 12 percent carbon dioxide.
No person shall operate or cause or permit the operation of any
incinerator with a capacity of less than five tons per hour at any
time other than between the hours of 7:00 a.m. and 7:00 p.m.
The schedule for compliance with the requirements of this section
12 is as follows:
Incinerators with a capacity of 2,000 pounds per hour
or greater - - 12 months from date of adoption of
this ordinance.
Incinerators with capacities between 1,000 - 1,999
pounds per hour - - 18 months from date of
adoption of this ordinance.
Incinerators with capacities between 55 - 999 pounds
per hour - - 24 months from date of adoption of
this ordinance.
Incinerators with capacities less than 500 pounds
per hour - - 30 months from date of adoption of
this ordinance.
(13.0) Section 13. NUISANCE: ABATEMENT
It is unlawful for any person to permit or cause the escape of such
quantities of gases or particulate matter from whatever source in
-93-
-------
such place or manner as to be detrimental to any person or to the
public or to endanger the health, welfare or safety of any such
person or the public, or in such manner as to cause to have a ten-
dency to cause injury or damage to property or business. The
escape of such matter is declared to be a public nuisance. Each
day wherein a violation of the section occurs shall constitute a
separate offense. Any act of emission of smoke, particulate mat-
ter, or odorous matter from any single source in violation or ex-
cess of the limitations established in or pursuant to sections 4,
5, 6, 10, 11, 12, or 13 of this ordinance shall be deemed and is
hereby declared to be a public nuisance, and may be ordered abated
by the air pollution control officer. Such abatement may be in
addition to the fines and penalties herein provided.
Nothing in any other section of this ordinance relation to regulation
of emission of pollutants shall in any manner be construed as author-
izing or legalizing the creation or maintenance of a nuisance as
described in this section of this ordinance.
(15.0) Section 14. PROCEDURE FOR ABATEMENT
If the air pollution control officer has determined by observation
or tests that an act or emission from any source violates or exceeds
the maximum allowable emission standards and limitations set forth
in sections 4, 5, 6, 10, 11, 12, and 13 hereof, a violation notice
may be issued to the owner or operator of the source in question.
The violation notice shall state the violation and specify the date
by which the violation shall be corrected.
Any person who is issued a violation notice may, within 10 days from
the date of receipt of said notice, submit to the air pollution con-
trol officer reasons why he does not believe he was in violation of
the section or sections cited. The air pollution control officer
shall review the matter and within 30 days affirm or withdraw his
violation notice by informing, in writing, the person receiving said
notice of his decision to affirm or withdraw.
If the air pollution control officer affirms his violation notice,
the person cited may within 10 days thereafter appeal the decision
to the Mayor, who shall hear the case permitting all pertinent in-
formation to be presented and issue a decision within 30 days.
If the conditions causing the violation have not been rectified after
the time prescribed in the violation notice of the Mayor's decision,
if appealed to him, or nullified by the issuance of a variance, the
air pollution control officer may institute the necessary legal pro-
ceedings in a court of competent jurisdication for the purpose of
assessing penalti.es or obtaining an injunction, or both, to secure
compliance with the provisions of this ordinance.
-94-
-------
(16.0) Section 15. SEALING
After previous notification of three or more violations within a
12-month period, a violator shall be notified to show cause before
the air pollution control officer within 10 days, why the offending
equipment shall not be sealed. If upon the hearing at which time
the violator may appear and be heard the officer finds that adequate
corrective measures have not been taken, he may seal the equipment
until such time as corrective measures are taken. The decision may
be appealed to the Mayor, and such appeal shall stay the sealing.
It shall be unlawful for any person, firm, or corporation to break
a seal that has been duly affixed by the air pollution control
officer or his authorized representative unless authorized by the
air pollution control officer to do so.
(5.0) Section 16. VARIANCE
Whenever it has been adequately demonstrated to the air pollution
control officer that compliance with the terms of the ordinance
cannot be effectively and promptly made, the aforesaid officer
shall have the authority to grant a temporary permit for a period of
six months, in the name of the City of Lincoln for the continued opera-
tion of such noncomplying equipment, but only in the event that the
person has given assurances in writing that he will take all necessary
steps to secure compliance with this ordinance within a reasonable time.
If, upon, expiration of a temporary permit, the person owning or operat-
ing such noncomplying equipment demonstrates to the satisfaction of the
air pollution control officer that appropriate steps have been taken
which shall secure compliance with this ordinance, a renewal of the tem-
porary permit may be issued. In evaluating a person's application for
a temporary permit, the air pollution control officer shall take into
consideration:
a. Action taken to control air pollution within emission
limitation in effect prior to the application;
b. efficiency of any existing control equipment relative to
that which would be required to meet emission limitations
of this ordinance;
c. temporary interim control measures intended to minimize
existing pollution levels;
d. the effect the source of emission has on air pollution
generally or in the immediate vicinity of the source;
e the degree of control in relation to other similar facilities
which produce air pollution;
f. the age and prospective life of the facility in question.
-95-
-------
In the event the owner of the equipment causing the emission and the air
pollution control officer can not evolve a mutually acceptable program of
improvement or the variance is refused, the matter may be appealed to the
Mayor for resolution and determination of an acceptable program or
refusal, which decision shall be binding upon both the owner and the air
pollution control officer. In making his determination the Mayor shall
also take into consideration the factors noted in (a) through (f) above.
(7.0) Section 17. BREAKDOWN OF EQUIPMENT.
Emissions exceeding any of the limits established in Sections 4, 5, 6,
10, 12, or 13 as a direct result of upset conditions in or breakdown of
any air pollution control equipment or related operating equipment beyond
the control of the person owning or operating such equipment shall not
be deemed to be in violation of Sections 4, 5, 6, 10, 12, or 13, provided
that the owner or operator advises the air pollution control officer of
the circumstances and outlines a corrective program acceptable to the
air pollution control officer.
(16.0) Section 18. RIGHT OF ENTRY.
Upon presentation of proper credentials issued by the Mayor, the air
pollution control officer may enter at reasonable times any building,
structure, or premises in the city to perform any duty (to make inspec-
tions or tests) imposed upon him by this ordinance.
PENALTY FOR REFUSAL—IMMEDIATE ENTRY NOT REQUIRED.
When the air pollution control officer is refused entry to the premises,
the following procedure may be taken:
a. The mayor shall hold a hearing to determine a reasonable time
or times for inspections and tests, and he shall give prior
notice of the hearing to and permit appearing at the hearing
by the owner or occupier of the premises or person in charge
of the premises who refuses entry.
b. The Mayor, after determining a reasonable time or times, shall
sign an executive order so stating the time or times. If
observed emissions are erratic or intermittent and not
continuous, the Mayor's order may specify the conditions which
shall authorize entry without stating a specific time for the
entry.
c. The air pollution control officer may make demand for entry
to the premises at the time designated in the Mayor's executive
order, or when the conditions specified in the Mayor's order
occur, showing a copy of the Mayor's executive order.
-96-
-------
It shall be unlawful for any owner or occupier of the premises or person
in charge of the premises to deny right of entry to the air pollution con-
trol officer when demand for entry to the premises is made in accordance
with the Mayor's executive order and when a copy of the Mayor's executive
order is shown to the owner or occupier of the premises or person in
charge of the premises.
(16.0) Section 19. PENALTY.
Any person upon whom a duty is placed by the provisions of this ordin-
ance who shall fail, neglect or refuse to perform such duty or who shall
violate any of the provisions of this ordinance, shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be punished
by imprisonment in the city jail for a period of not to exceed six (6)
months or by a fine of not to exceed Five Hundred Dollars ($500.00)
recoverable with costs, or both, and shall stand committed to the city
jail until such fine and costs of prosecution are paid. Each day that a
violation of this ordinance continues shall constitute a separate and
distinct offense and shall be punishable as such.
(2.0) Section 20. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this ordin-
ance is for any reason held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portions of this
ordinance.
(2.0) Section 21.
That sections 8.64.010, 8.64.020 and 8.64.030 of the Lincoln Municipal
Code, as hitherto existing, and all other ordinances and parts of
ordinances in conflict herewith be and they are hereby repealed.
(2.0) Section 22.
This ordinance shall take effect and be in force from and after its
passage and publication according to law.
-97-
-------
FEDERALLY PROMULGATED
REGULATIONS
-98-
-------
(50.1.2) 52.1429 SOURCE SURVEILLANCE: REGULATION FOR CONTROL OF
VISIBLE EMISSIONS.
Regulation for control of visible emissions.
(1) Except as provided under paragraph (g)(2) of this section, no
owner or operator of any process source subject to the provisions
of § 52.1432 (b) shall emit or cause the emission of air pollutants
of a shade or density equal to or darker than that designated as
No. 1 of the Ringelmann Chart or 20-percent opacity.
(2) An owner or operator subject to subparagraph (1) of this para-
graph may emit or cause the emission of air pollutants or a shade
or sensity not darker than that designated as No. 3 on the
Ringelmann Chart or 60-percent opacity for a period or periods
aggregating not more than 3 minutes in any 60 minutes.
(3) Compliance with this paragraph shall be in accordance with
this provisions of § 52.1425 (b)(4).
(4) The procedures used to determine compliance with this paragraph
are prescribed in method 9 in the appendix to part 60 of this
chapter.
-99-
-------
(17.0) 52.1436 Prevention of Significant Deterioration
(b) Definitions. For the purposes of this section:
(1) "Facility" means an identifiable piece of process equipment. A
stationary source is composed of one or more pollutant-emitting
facilities.
(2) The phrase "Administrator" means the Administrator of the Envi-
ronmental Protection Agency or his designated representative.
(3) The phrase "Federal Land Manager" means the head, or his desig-
nated representative, of any Department or Agency of the Fed-
eral Government which administers federally-owned land, includ-
ing public domain lands.
(4) The phrase "Indian Reservation" means any federally-recognized
reservation established by Treaty, Agreement, Executive Order,
or Act of Congress.
(5) The phrase "Indian Governing Body" means the governing body of
any tribe, band, or group of Indians subject to the jurisdiction
of the United States and recognized by the United States as pos-
sessing power of self-government.
(6) "Construction" means fabrication, erection or installation of a
stationary source.
(7) "Commenced" means that an owner or operator has undertaken a
continuous program of construction or modification or that an
owner or operator has entered into a contractual obligation to
undertake and complete, within a reasonable time, a continuous
program of construction or modification.
(c) Area designation and deterioration increment
(1) The provisions of this paragraph have been incorporated by ref-
erence into the applicable implementation plans for various
States, as provided in Subparts B through ODD of this part. Where
this paragraph is so incorporated, the provisions shall also be
applicable to all lands owned by the Federal Government and In-
dian Reservations located in such State. The provisions of this
paragraph do not apply in those counties or other functionally
equivalent areas that pervasively exceeded any national ambient
air quality standards during 1974 for sulfur dioxide or particu-
late matter and then only with respect to such pollutants.
States may notify the Administrator at any time of those areas
which exceeded the national standards during 1974 and therefore
are exempt from the requirements of this paragraph.
-TOO-
-------
(2) (i) For purposes of this paragraph, areas designated as Class
I or II shall be limited to the following increases in
pollutant concentration occurring since January 1, 1975:
Area Designations
Pollutant Class I Class II
(ug/m3) (ug/m3)
Parti oil ate ratter:
Annual geometric mean 5 10
24-hr maximum 10 30
Sulfur dioxide:
Annual arithmetic mean 2 15
24-hr maximum 5 100
3-hr maximum 25 700
(ii) For purposes of this paragraph, areas designated as Class
— Ill-shall be limited" to~'Concentrations~of"particuTate
matter and sulfur dioxide no greater than the national
ambient air quality standards.
(iii) The air quality impact of sources granted approval to
construct or modify prior to January 1, 1975 (pursuant to
the approved new source review procedures in the plan)
but not yet operating prior to January 1, 1975, shall not
be counted against the air quality increments specified
in paragraph (c) (2) (i) of this section.
(3) (i) All areas are designated Class II as of the effective
date of this paragraph. Redesignation may be proposed by
the respective States, Federal Land Manager, or Indian
Governing Bodies, as provided below, subject to approval
by the Administrator.
(ii) The State may submit to the Administrator a proposal to
redesignate areas of the State Class I, Class II, or
Class III, provided that:
(a) At least one public hearing is held in or near the
area affected and this public hearing is held in
accordance with procedures established in 51.4 of
this chapter, and
(b) Other States, Indian Governing Bodies, and Federal
Land Managers whose lands may be affected by the
proposed redesignation are notified at least 30 days
prior to the public hearing, and
-101-
-------
(c) A discussion of the reasons for the proposed redes-
ignation is available for public inspection at least
30 days prior to the hearing and the notice announc-
ing the hearing contains appropriate notification of
the availability of such discussion, and
(d) The proposed redesignation is based on the record of
the State's hearing, which must reflect the basis
for the proposed redesignation, including consider-
ation of (1) growth anticipated in the area, (2)
the social, environmental, and economic effects of
such redesignation upon the area being proposed for
redesignation and upon other areas and States, and
(3) any impacts of such proposed redesignation upon
regional or national interests.
(e) The redesignation is proposed after consultation
with the elected leadership of local and other sub-
state general purpose governments in the area cov-
ered by the proposed redesignation.
(iii) Except as provided in paragraph (c) (3) (iv) of this
section, a State in which lands owned by the Federal Gov-
ernment are located may submit to the Administrator a
proposal to redesignate such lands Class I, Class II, or
Class III in accordance with subdivision (ii) of this
subparagraph provided that:
(a) The redesignation is consistent with adjacent State
and privately owned land, and
(b) Such redesignation is proposed after consultation
with the Federal Land Manager.
(iv) Notwithstanding subdivision (iii) of this subparagraph,
the Federal Land Manager may submit to the Administrator
a proposal to redesignate any Federal lands to a more
restrictive designation than would otherwise be applic-
able provided that:
(a) The Federal Land Manager follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (ii) and,
(b) Such redesignation is proposed after consultation
• with the State(s) in which the Federal Land is lo-
cated or which border the Federal Land.
(v) Nothing in this section is intended to convey authority
to the States over Indian Reservations where States have
not assumed such authority under other laws nor is it
intended to deny jurisdiction which States have assumed
-102-
-------
under other laws. Where a State has not assumed juris-
diction over an Indian Reservation the appropriate In-
dian Governing Body may submit to the Administrator a
proposal to redesignate areas Class I, Class II, or
Class III, provided that:
(a) The Indian Governing Body follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (11) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Indian Reservation
is located or which border the Indian Reservation
and, for those lands held in trust, with the approv-
al of the Secretary of the Interior.
(vi) The Administrator shall approve, within 90 days, any re-
designation proposed pursuant to this subparagraph as
follows:
(a) Any redesignation proposed pursuant to subdivisions
(ii) and (iii) of this subparagraph shall be approv-
ed unless the Administrator determines (1) that the
requirements of subdivisions (1i) and (iii) of this
subparagraph have not been complied with, (2) that
the State has arbitrarily and capriciously disre-
garded relevant considerations set forth in sub-
paragraph (3) (ii) (d) of this paragraph, or (3)
that the State has not requested and received dele-
gation of responsibility for carrying out the new
source review requirements of paragraphs (d) and (e)
of this section.
(b) Any redesignation proposed pursuant to subdivision
(iv) of this subparagraph shall be approved unless
he determines (1) that the requirements of subdivi-
sion (iv) of this subparagraph have not been complied
with, or (2) that the Federal Land Manager has arbi-
trarily and capriciously disregarded relevant con-
siderations set forth in subparagraph (3) (ii) (d) of
this paragraph.
(c) Any redesignation submitted pursuant to subdivision
(v) of this subparagraph shall be approved unless he
determines (1) that the requirements of subdivision
(v) of this subparagraph have not been complied with,
or (2) that the Indian Governing Body has arbitrar-
ily and capriciously disregarded relevant consider-
ations set forth in subparagraph (3) (ii) (d) of this
paragraph.
-103-
-------
(d) Any redesignation proposed pursuant to this para-
graph shall be approved only after the Administrator
has solicited written comments from affected Federal
agencies and Indian Governing Bodies and from the
public on the proposal.
(e) Any proposed redesignation protested to the propos-
ing State, Indian Governing Body, or Federal Land
Manager and to the Administrator by another State or
Indian Governing Body because of the effects upon
such protesting State or Indian Reservation shall be
approved by the Administrator only if he determines
that in his judgment the redesignation appropriately
balances considerations of growth anticipated in the
area proposed to be redesignated; the social, envi-
ronmental and economic effects of such redesignation
upon the area being redesignated and upon other areas
and States; and any impacts upon regional or nation-
al interests.
(f) The requirements of paragraph (c) (3) (vi) (a) (3)
that a State request and receive delegation of the
new source review requirements of this section as a
condition to approval of a proposed redesignation,
shall include as a minimum receiving the administra-
tive and'technical functions of the new source re-
view. The Administrator will carry out any required
enforcement action in cases where the State does not
have adequate legal authority to initiate such ac-
tions. The Administrator may waive the-requirements
of paragraph (c) (3) (vi) (a) (3) if the State Attor-
ney-General has determined that the State cannot ac-
cept delegation of the administrative/technical func-
tions.
(vii) If the Administrator disapproves any proposed area desig-
nation under this subparagraph, the State, Federal Land
Manager or Indian Governing Body, as appropriate, may re-
submit the proposal after correcting the deficiencies
noted by the Administrator or reconsidering any area des-
ignation determined by the Administrator to be arbitrary
and capricious.
(d) Review of new sources
(1) The provisions of this paragraph have been incorporated by refer-
ence into the applicable implementation plans for various States,
as provided in Subparts B through ODD of this part. Where this
paragraph is so incorporated, the requirements of this paragraph
apply to any new or modified stationary source of the type iden-
tified below which has not commenced construction or modification
prior to June 1, 1975 except as specifically provided below. A
-104-
-------
source which is modified, but does not increase the amount of
sulfur oxides or particulate matter emitted, or is modified to
utilize an alternative fuel, or higher sulfur content fuel, shall
not be subject to this paragraph.
(i) Fossil-Fuel Steam Electric Plants of more than 1000 mil-
lion B.T.U. per hour heat input.
(ii) Coal Cleaning Plants.
(iii) Kraft Pulp Mills.
(iv) Portland Cement Plants.
(v) Primary Zinc Smelters.
(vi) Iron and Steel Mills.
(vii) Primary Aluminum Ore Reduction Plants.
(vi i i) Primary Copper Smelters.•
(ix) Municipal Incinerators capable of charging more than 250
tons of refuse per 24 hour day.
(x) Sulfuric Acid Plants.
(xi) Petroleum Refineries.
(xii) Lime Plants.
(xiii) Phosphate Rock Processing Plants.
(xiv) By-Product Coke Oven Batteries.
(xv) Sulfur Recovery Plants.
(xvi) Carbon Black Plants (furnace process).
(xvii) Primary Lead Smelters.
(xviii) Fuel Conversion Plants.
(xix) Ferroalloy production facilities commencing construction
after October 5, 1975.
(2) No owner or operator shall commence construction or modification
of a source subject to this paragraph unless the Administrator de-
termines that, on the basis of information submitted pursuant to
subparagraph (3) of this paragraph:
-105-
-------
(i) The effect on air quality concentration of the source or
modified source, in conjunction with the effects of growth
and reduction in emissions after January 1, 1975, of other
sources in the area affected by the proposed source, will
not violate the air quality increments applicable in the
area where the source will be located nor the air quality
increments applicable in any other areas. The analysis of
emissions growth and reduction after January 1, 1975, of
other sources in the areas affected by the proposed source
shall include all new and modified sources granted approv-
al to construct pursuant to this paragraph; reduction in
emissions from existing sources which contributed to air
quality during all or part of 1974; and general commer-
cial, residential, industrial, and other sources of emis-
sions growth not exempted by paragraph (c) (2) (111) of
this section which has occurred since January 1, 1975.
(ii) The new or modified source will meet an emission limit,
to be specified by the Administrator as a condition to
approval, which represents that level of emission reduc-
tion which would be achieved by the application of best
available control technology, as defined in 52.01 (f),
for particulate matter and sulfur dioxide. If the Admin-
istrator determines that technological or economic limi-
tations on the application of measurement methodology to
a particular class of sources would make the imposition
of an emission standard infeasible, he may instead pre-
scribe a design or equipment standard requiring the appli-
cation of best available control technology. Such standard
shall to the degree possible set forth the emission re-
ductions achievable by implementation of such design or
equipment, and shall provide for compliance by means which
achieve equivalent results.
(iii) With respect to modified sources, the requirements of sub-
paragraph (2) (ii) of this paragraph shall be applicable
only to the facility or facilities from which emissions
are increased.
(3) In making the determinations required by paragraph (d) (2) of this
section, the Administrator shall, as a minimum, require the owner
or operator of the source subject to this paragraph to submit:
site information, plans, description, specifications, and drawings
showing the design of the source; information necessary to de-
termine the impact that the construction or modification will have
on sulfur dioxide and particulate matter air quality levels; and
any other information necessary to determine that best available
control technology will be applied. Upon request of the Adminis-
trator, the owner or operator of the source shall provide informa-
tion on the nature and extent of general commercial, residential,
industrial, and other growth which has occurred in the area af-
fected by the source's emissions (such area to be specified by the
-106-
-------
Administrator) since January 1, 1975.
(4) (i) Where a new or modified source is located on Federal
Lands, such source shall be subject to the procedures
set forth in paragraphs (d) and (e) of this section.
Such procedures shall be in addition to applicable pro-
cedures conducted by the Federal Land Manager for admin-
istration and protection of the affected Federal Lands.
Where feasible, the Administrator will coordinate his
review and hearings with the Federal Land Manager to
avoid duplicate administrative procedures.
(ii) New or modified sources which are located on Indian
Reservations shall be subject to procedures set forth in
paragraphs (d) and (e) of this section. Such procedures
shall be administered by the Administrator in cooperation
with the Secretary of the Interior with respect to lands
over which the State has not assumed jurisdiction under
other laws.
(iii) Whenever any new or modified source is subject to action
by a Federal Agency which might necessitate preparation
of an environmental impact statement pursuant to the
National Environmental Policy Act (42 U.S.C. 4321), re-
view by the Administrator conducted pursuant to this
paragraph shall be coordinated with the broad environmen-
tal reviews under that Act, to the maximum extent feas-
ible and reasonable.
(5) Where an owner or operator has applied for permission to con-
struct or modify pursuant to this paragraph and the proposed
source would be located in an area which has been proposed for
redesignation to a more stringent class (or the State, Indian
Governing Body, or Federal Land Manager has announced such con-
sideration), approval shall not be granted until the Administra-
tor has acted on the proposed redesignation.
(e) Procedures for public participation
(1) (i) Within 20 days after receipt of an application to con-
struct, or any addition to such application, the Admin-
istrator shall advise the owner or operator of any de-
ficiency in the information submitted in support of the
application. In the event of such a deficiency, the date
of receipt of the application for the purpose of para-
graph (e) (1) (ii) of this section shall be the date on
which all required information is received by the Admin-
istrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
-107-
-------
(a) Make a preliminary determination whether the source
should be approved, approved with conditions, or dis-
approved.
(b) Make available in at least one location in each re-
gion in which the proposed source would be construct-
ed, a copy of all materials submitted by the owner or
operator, a copy of the Administrator's preliminary
determination and a copy or summary of other materi-
als, if any, considered by the Administrator in mak-
ing his preliminary determination; and
(c) Notify the public, by prominent advertisement in
newspaper of general circulation in each region in
which the proposed source would be constructed, of
the opportunity for written public comment on the in-
formation submitted by the owner or operator and the
Administrator's preliminary determination on the ap-
provability of the source.
(iii) A copy of the notice required pursuant to this subpara-
graph shall be sent to the applicant and to officials and
agencies having cognizance over the locations where the
source will be situated as follows: State and local air
pollution control agencies, the chief executive of the
city and county; any comprehensive regional land use plan-
ning agency; and any State, Federal Land Manager or In-
dian Governing Body whose lands will be significantly af-
fected by the source's emissions.
(iv) Public comments submitted in writing within 30 days after
the date such information is made available shall be con-
sidered by the Administrator in making his final decision
on the application. No later than 10 days after the
close of the public comment period, the applicant may sub-
mit a written response to any comments submitted by the ...,.
public. The Administrator shall consider the applicant's
response in making his final decision._ All comments shall
be made available for publle'ihspectforf 1n at least one
location in the region in which the source would be located.
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made availible for public inspection in at least one
location in the region in which the source would be lo-
cated.
-108-
-------
. (vi) The Administrator may extend each of the time periods
specified in paragraph (e) (1) (ii), (iv), or (v) of this
section by no more than 30 days or such other period as
agreed to by the applicant and the Administrator.
(2) Any owner or operator who constructs, modifies,, or _pperates a
stationary source not in accordance with the application, as ap-
proved and conditioned by the Administrator, or any owner or op-
erator of a stationary source subject to this paragraph who com-
mences construction or modification after June 1, 1975, without
applying for and receiving approval hereunder, shall be subject
to enforcement action under section 113 of the Act.
(3) Approval to construct or modify shall become invalid if construc-
tion or expansion is not commenced within 18 months after receipt
of such approval or if construction is discontinued for a period
of 18 months or more. The Administrator may extend such time pe-
riod upon a satisfactory showing that an extension is justified.
(4) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strat-
egy and all local, State, and Federal regulations which are part
of the applicable State Implementation Plan.
(f) Delegation of authority
(1) The Administrator shall have the authority to delegate responsi-
bility for implementing the procedures for conducting source re-
view pursuant to paragraphs (d) and (e), in accordance with sub-
paragraphs (2), (3), and (4) of this paragraph.
(2) Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting source review pursuant to
this section to any Agency, other than a regional office of the
Environmental Protection Agency, the following provisions shall
apply:
(i) Where the agency designated is not an air pollution con-
trol agency, such agency shall consult with the appropri-
ate State and local air pollution control agency prior to
making any determination required by paragraph (d) of
this section. Similarly, where the agency designated
does not have continuing responsibilities for managing
land use, such agency shall consult with the appropriate
State and local agency which is primarily responsible for
managing land use prior to making any determination re-
quired by paragraph (d) of this section.
(ii) A copy of the notice pursuant to paragraph (e) (1) (ii)
(c) of this section shall be sent to the Administrator
through the appropriate regional office.
-109-
-------
(3) In accordance with Executive Order 11752, the Administrator's
authority for implementing the procedures for conducting source
review pursuant to this section shall not be delegated, other than
to a regional office of the Environmental Protection Agency, for
new or modified sources which are owned or operated by the Federal
government or for new or modified sources located on Federal lands;
except that, with respect to the latter category, where new or
modified sources are constructed or operated on Federal lands pur-
suant to leasing or other Federal agreements, the Federal land
Manager may at his discretion, to the extent permissible under ap-
plicable statutes and regulations, require the lessee or permittee
to be subject to a designated State or local agency's procedures
developed pursuant to paragraphs (d) and (e) of this section.
(4) The Administrator's authority for implementing the procedures for
conducting source review pursuant to this section shall not be re-
delegated, other than to a regional office of the Environmental
Protection Agency, for new or modified sources which are located
on Indian reservations except where the State has assumed juris-
diction over such land under other laws, in which case the Admin-
istrator may delegate his authority to the States in accordance
with subparagraphs (2), (3), and (4) of this paragraph.
(39 FR 42514, Dec. 5, 1974; 40 FR 2802, Jan. 16, 1975, as
amended at 40 FR 24535, June 9, 1975; 40 FR 25005, June 12,
2975; 40 FR 42012, Sept. 10, 1975)
-no-
------- |