129 Neb. Admin. Code, ch. 1, § 092 - "Net emissions increase"

"Net emissions increase" means the following:

092.01 With respect to any regulated NSR pollutant emitted by a major stationary source, the amount by which the sum of the following exceeds zero:
092.01A The increase in emissions from a particular physical change or change in the method of operation at a stationary source as calculated pursuant to the Prevention of Significant Deterioration Program as defined in Chapter 1; and
092.01B Any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for calculating increases and decreases shall be determined as provided in Chapter 19, section 005 except that sections 005.05 and 005.06 shall not apply.
092.01C An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs between the date five years before the source begins actual construction of the project and the date that the increase from the project occurs.
092.02 An increase or decrease in actual emissions is creditable only if:
092.02A It occurs within the contemporaneous period as defined in section 092.01C; and
092.02B The Director has not relied on it in issuing a permit for the source under regulations approved pursuant to 40 CFR 51.165, which permit is in effect when the increase in actual emissions from the particular change occurs.
092.03 An increase or decrease in actual emissions of sulfur dioxide, particulate matter, or nitrogen oxides that occurs before the applicable minor source baseline date is creditable only if it is required to be considered in calculating the amount of maximum allowable increases remaining available.
092.04 An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level.
092.05 A decrease in actual emissions is creditable only to the extent that:
092.05A The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions;
092.05B It is enforceable as a practical matter at and after the time that actual construction on the particular change begins;
092.05C The Director has not relied on it in issuing any permit under regulations in the State Implementation Plan approved pursuant to 40 CFR Part 51, Subpart I or in demonstrating attainment or reasonable further progress; and
092.05D It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change.
092.06 An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days.
092.07 Section 002.01 shall not apply for determining creditable increases and decreases.

Notes

129 Neb. Admin. Code, ch. 1, § 092
Amended effective 7/15/2018

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