Nebraska Department of
This information is
provided by the
of Environmental Quality
to assist the
public and regulated community.
PERMIT APPLICATION FEE SCHEDULE
|Less than 50 tons per year of any single regulated air pollutant (excluding HAPs); or|
Less than 2.5 tons per year of any single hazardous air pollutant (HAP); or
Less than 10 tons per year of any combination of HAPs
|50 tons or more but less than 100 tons per year of any single regulated air pollutant (excluding HAPs); or|
2.5 tons or more but less than 10 tons per year of any single HAP; or
10 tons or more but less than 25 tons per year of any combination of HAPs
|100 tons or more per year of any single air pollutant (excluding HAPs); or|
10 tons or more per year of any single HAP; or
25 tons or more per year of any combination of HAPs
Q. When and how do I submit the application fee?
A. Whenever you submit a construction permit application you are required to submit the appropriate application fee. A new application form was created (Form 1.1 – Permit Application Fee) and must be included with every Construction Permit application. Checks should be mailed to the NDEQ Air Quality Division with the application forms.
Q. How do I know if I need to submit a construction permit application?
A. The requirement to apply for and obtain a construction permit is based on the net increase in PTE due to the construction or modification of the source. Therefore a source must first determine their current PTE, and then compare this to their projected new PTE. If the change in PTE exceeds the construction permit thresholds in Nebraska’s Air Quality Regulations, Title 129, Chapter 17, you must submit a construction permit application. Additionally, all incinerators need to obtain a construction permit regardless of their PTE. If you are a major source subject to the federal permitting requirements in Title 129, Chapter 19, additional analysis may be needed to determine if a construction permit application is needed. For more information about construction permits, refer to the “Construction Permit” fact sheet located on our webpage at www.deq.state.ne.us under Publications/Forms.
Q. How do I obtain a construction permit application?
A. To obtain a construction permit application, you may call or write the NDEQ Air Quality Division, P.O. Box 98922, Lincoln, NE 68509-8922, phone: (402) 471-2189. You may also send an e-mail to MoreInfo@ndeq.state.ne.us or download them from our website at www.deq.state.ne.us under the Publications/Forms section.
Q. If I submitted a complete application prior to January 1, 2005, will I need to submit the application fee before my application is processed?
A. No. The application fee is only required for applications submitted on or after January 1, 2005. All applications received in 2004 will be processed without the need for an application fee.
Q. What is my “facility-wide” potential-to-emit (PTE) upon which the application fee is based?
A. The application fee is based on the permitted future PTE of the entire facility. The permitted future PTE takes into consideration the current PTE plus the PTE of the new/modified emission units. It also takes into account any permit limits requested in the permit application. It is not based on the current PTE of the entire facility or the PTE of the proposed modification alone. PTE means the maximum capacity of the emission unit(s) to emit a pollutant under its physical and operational design. Potential to emit is further defined in Title 129, Chapter 1.
Example 1: A source is proposing to build a new painting facility. They have a PTE of 12 tons per year for a single Hazardous Air Pollutant (HAP). The source is proposing to accept limits in their construction permit to keep their single HAP emissions below 2.5 tons per year (Tier I) and total HAP emissions below 10 tons per year so they can avoid the requirement to apply best available control technologies to their process in accordance with Chapter 27. The source would submit a $250 fee with their construction permit application.
Example 2: A source currently has a facility-wide PTE as shown in column 2 of the table below. They propose to construct a new emission unit that has a PTE as listed in column 3. After the application is processed the source expects to have a facility-wide PTE as shown in column 4. Since the PTE for volatile organic compounds (VOC) is between 50 and 100 tons per year (Tier II), the source must submit a $1,500 fee with their construction permit application.
Current Facility-wide PTE (tons/yr)
PTE of new equipment (tons/yr)
New Facility-wide PTE after permit is issued (tons/yr)