Nebraska Department of
Environmental
Quality

Fact Sheets

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This information is
provided by the
Nebraska Department
of Environmental Quality
to assist the
public and regulated community.

00-008
Revised:
08/2011
Operating Permits
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Introduction
The operating permit program is the result of the Federal Clean Air Act Amendments of 1990 and the passage of LB1257 (1992) by the Nebraska Legislature. The Department was required to establish and implement a comprehensive operating permit program for sources of certain air pollutants. The Federal operating permit program is referred to as the “Title V” operating permit program. The State of Nebraska’s Title V operating permit program is referred to as the Class I operating permit program. While the Federal Title V program only regulates major sources of air pollution the Nebraska program also regulates minor, or Class II, sources.

Major vs. Minor
A source’s Major/Minor status is determined by its emissions, with the larger emitting sources being considered Major and the smaller emitting sources being considered Minor. The following are explanations of these terms:
Types of Operating Permits
When it comes to operating permits, the Department has two options, it can issue a general permit or an individual permit. A general permit is one that is issued on a statewide basis that covers specific categories of sources (see examples in the next section). With general operating permits, one permit, with the same conditions, is issued covering all sources in that category (provided the source meets the applicability criteria for coverage). This process saves the Department permit development costs on an individual basis and the associated administrative costs. In addition, once a general permit is issued, a source can be covered without going through the individual public notice process, which speeds up the permitting process for the industry. Therefore, general permits offer a tremendous resource savings for the Department and offer a streamlined process for applicants.

In regard to individual permits, they are issued to a specific source at a specific location. These permits address the particular needs and issues at the source in question. Because they are “tailor made“ for the source, they are much more labor intensive which increases the development costs and the associated administrative costs. In addition, all individual permits must go through a 30-day public notice period, so the timeframe, from application to issuance, is much longer. Therefore, individual permits can be more expensive to develop and require a much longer timeframe to issue.

Why Not Issue Only General Permits?
You may be wondering why the Department doesn’t issue general permits for all sources, since it has advantages for both the Department and sources. Just like humans, all sources are unique. Although a number of sources can be grouped together for permitting purposes, there are always certain sources that don’t fit the mold. For these sources, the Department issues individual permits. In addition, there are sources that prefer to have an individual permit instead of a general permit. Because the Department establishes criteria for coverage under a general permit and the permit conditions are uniform, the source doesn’t have very much flexibility in certain areas. If the source wishes to maintain flexibility, an individual permit may be their answer.
Because of the appeal of general permits, the Department has developed several of them in categories of sources that can be easily grouped. In Nebraska general operating permits are available for grain elevators, asphalt plants, alfalfa dehydrators, various surface coating (painting/volatile organic compound) operations, concrete plants, aggregate (limestone) operations, internal/external combustion engines, and incinerators. It is estimated that as many as 1000 sources will be covered by general permits.

Low Emitters
Revisions to the operating permit regulations in September 1997 relieved a considerable number of sources from the permit requirements. These revisions shifted the focus of the permit program from Potential-to-Emit to actual emissions and are known as the Low Emitter Rule. In general, if sources can demonstrate that their actual emissions are below levels established in the regulations, then they are not required to obtain an operating permit. The result has been a significant reduction in the number of permits that will need to be issued, with no subsequent degradation of our air quality. See the Fact Sheet titled “Nebraska’s Low Emitter Rule,” document number 00-001. Frequently Asked Questions
The Air Quality Division receives many questions regarding operating permits for air contaminant sources. Many of these questions arise from the uncertainty of who exactly is required to obtain one. Some of the most frequently asked questions are listed below, along with answers to help you determine if this applies to your source.

Q. What is the difference between an operating permit and a construction permit?
A. A construction permit must be obtained prior to constructing an air contaminant source and is valid for the life of the emission units. An operating permit must be applied for within 12 months of startup of an air contaminant source and is valid for up to 5 years. Operating permits contain all applicable requirements for all emission points at a facility. This includes incorporating conditions from the construction permits issued to that source.

Q. How do I know if I need an operating permit?
The response to this question is currently being revised.

Q. What is an “emission unit”?
A. An “emission unit” is any part or activity of a stationary source that emits or would have the potential to emit any regulated air pollutant.

Q. What is the difference between potential emissions and actual emissions?
A. Generally, potential emissions are the maximum emissions that would result from operating the facility at full capacity 24 hours a day, seven days a week, 52 weeks a year taking into consideration Federally enforceable requirements. Actual emissions are emissions produced by a facility, based on actual operating times and actual operating conditions.

Q. How do I determine if my emissions meet or exceed those requiring an operating permit?
A. Generally, an estimation of emissions using emission factors will have to be done. However, emissions data, from testing on a similar unit, may be acceptable. For estimations, the Department generally uses emission factors from the Compilation of Air Pollutants Emission Factors (AP-42) or from Factor Information Retrieval Data System (FIRE). These and other emission factor sources may be found on the internet at www.epa.gov/ttn/chief. Most emission factors are based on fuel usage, throughput or other quantifiable process information.

Q. How do I obtain a permit application?
A. To obtain an operating permit application you may call or write the Air Quality Division of the Nebraska Department of Environmental Quality, P.O. Box 98922, Lincoln, NE 68509-8922 PH: (402) 471-2189. You may also send an e-mail to NDEQ.moreinfo@Nebraska.gov

Produced by: Nebraska Department of Environmental Quality, P.O. Box 98922, Lincoln, NE 68509-8922; phone (402) 471-2186. To view this, and other information related to our agency, visit our web site at
www.deq.state.ne.us.


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Nebraska Department of Environmental Quality
1200 "N" Street, Suite 400
P.O. Box 98922
Lincoln, Nebraska 68509
(402) 471-2186