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

Form #:  16-011
General Permit
Revised: 12/19/16

Construction Permits Issued by the Air Quality Division

Permitting requirements for air pollution emission sources are covered under Nebraska Title 129 – Nebraska Air Quality Regulations. Facilities are required to obtain an air construction permit before they construct, reconstruct or modify any air contaminant source or emission unit where there is a net increase in the potential to emit certain air pollutants above the following thresholds (Title 129, Chapter 17):
  • 15 tons per year (tpy) of PM10 (particulate matter 10 microns in diameter or smaller),
  • 10 tpy of PM2.5 (particulate matter 2.5 microns in diameter or smaller),
  • 40 tpy of SO2 (sulfur dioxide) or SO3 (sulfur trioxide) or any combination thereof,
  • 40 tpy of oxides of nitrogen (calculated as NO2),
  • 40 tpy VOC (volatile organic compounds),
  • 50 tpy CO (carbon monoxide),
  • 0.6 tpy lead,
  • 2.5 tpy of any single HAP (hazardous air pollutant), or
  • 10 tpy of all HAPs combined
In addition, all incinerators, regardless of emissions, must have a construction permit.

A construction permit allows the facility to be built; process equipment/air emission units to be brought in; and establishes operating, monitoring, and record keeping requirements that the business must follow. Due to the complexity of most operations, and thus the intricacy of the corresponding facility permit, it typically takes the Department from three to five months to draft the construction permit documents, which is then followed by a 30-day public comment period and additional administrative steps.

General Permits

Recent changes to Nebraska Air Quality Regulations have allowed the Department to facilitate issuance of air construction permits through the creation of several general air construction permits. Currently, Air General Construction Permits are available for a variety of operations, including:

Aggregate Processing Plants
  • The types of facilities covered include sand and aggregate sorting, screening, and crushing operations.
Asphalt Plants – Batch Mix Hot Mix
  • The typical Standard Industrial Classification (SIC) code for these operations is 2951, Asphalt Paving Mixtures and Blocks.
Asphalt Plants – Drum Mix Hot Mix
  • The typical Standard Industrial Classification (SIC) code for these operations is 2951, Asphalt Paving Mixtures and Blocks.
Concrete Batch Plants – Truck Mix (Controlled Loadout)
  • This general permit is limited to projects producing a maximum of 900,000 cubic yards per year. The typical Standard Industrial Classification (SIC) code for these operations is 3273, Ready-Mixed Concrete. The permit requires that the loadout chute to the concrete truck be controlled by a filtration system.
Concrete Plants – Truck Mix (Uncontrolled Loadout)
  • This general permit is limited to projects producing a maximum of 190,000 cubic yards per year. The typical Standard Industrial Classification (SIC) Code for these operations is 3273, Ready-Mixed Concrete.
Emergency Engines NSPS IIII
  • This general permit is limited to emergency engines that have a total capacity of up to 10,000 hp, use diesel fuel, are model year 2014 or later, have a displacement of less than 30 liters per cylinder, and have less than 500 operating hours per 12 consecutive calendar months.
General Emergency Engines Other
  • This general permit is limited to emergency engines that have a total capacity of up to 5,000 hp, use diesel fuel, and have less than 500 operating hours per 12 consecutive calendar months.
All of the above permits are available through the NDEQ’s online application process. As these permits contain operating, monitoring, and recordkeeping requirements and have already gone through the entire permit application review process, facilities willing to comply with all the pollutant limits and requirements in these permits can apply for coverage under these already-reviewed permits; drastically reducing the amount of time to obtain authorization to construct. Applicants must carefully read and understand the conditions of the general permit they are applying for before starting the application process.


RESOURCES:

Useful Websites:
Contacts:
  • NDEQ Main Line - (402) 471-2186
  • NDEQ Air Quality Permit Hotline - (877) 834-0474
  • NDEQ Small Business and Public Assistance Coordinator - (402) 471-8697


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 http://deq.ne.gov/. This material is intended for guidance purposes only. It is not meant to substitute for the regulations specified in the document, or any other applicable Nebraska environmental regulations.