Section 129-13-003 - Operational Limits for Area SourcesArea sources subject to a standard adopted by reference in Section 002, and specifically referenced in Section 003, may accept operational limits to avoid the requirements associated with operating at the source's maximum design capacity or monthly throughput
003.01 General Provisions. An owner or operator of a source may apply for coverage under this provision if the following criteria are met:003.01A The Director has established operational limitations for the industry category in Section 003.06.003.01B The responsible official for the source certifies that it will comply with the applicable section(s) of this Chapter.003.01C Records are collected and maintained as described for each applicable section and retained for a period of not less than five years and made available to the Department for review upon request.003.01D A source may change its status under Section 003.06 without violating this rule by meeting the following requirements:003.01D1 The owner or operator of the source will provide written notification to the Department of the intent to change status. The notification will be certified by the responsible official for the source; and003.01D2 The source will comply with the requirements for its industry category.003.02 Approval Procedures. 003.02A Notice of Intent. The owner or operator of a source intending to be covered under this provision will submit a completed Notice of Intent Form provided by the Department.003.02B Department approval. Department approval of the Notice of Intent Form request will be in writing. Upon approval, the source must comply with the applicable limitations specified in Section 003.03 of this rule.003.03 Duty to Comply. Each source approved for coverage under this provision will comply with all sections of this chapter applicable to the source. Any noncompliance will constitute a violation of the State Act and the Act, and is grounds for enforcement action and/or for disapproval of the Notice of Intent to operate under this provision.003.04 Compliance with Other Applicable Requirements. Compliance with the provisions of this chapter does not shield the owner or operator from the duty to comply with any other applicable requirement under this Title, the State Act, or the Act not specifically addressed in this chapter.003.05 Duty to Provide Requested Information. Additional information, such as an annual emissions inventory as required in Chapter 11, or information necessary to determine applicability or to determine that emissions from the source in conjunction with all other sources will not prevent attainment or maintenance of the ambient air quality standards specified in Chapter 2, will be provided upon Department request.003.06 Industry Categories Eligible to Accept Operational Limits. 003.06A A bulk gasoline terminal subject to Section 002.94 Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities, with a maximum calculated design throughput capacity greater than or equal to 20,000 gallons per day, may be approved to operate pursuant to the provisions of Section 003 if the owner or operator certifies that the source will comply with Sections 003.01 through 003.05 above and each of the following:003.06A1 Limit actual gasoline throughput to less than 20,000 gallons per day;003.06A2 Maintain a daily record of actual gasoline throughput, in accordance with the provisions of Section 003.01C; and,003.06A3 Comply with the requirements specified in Section 002.94 for bulk gasoline plants with a maximum design throughput capacity of less than 20,000 gallons per day.129 Neb. Admin. Code, ch. 13, § 003
Amended effective 9/28/2022