129 Neb. Admin. Code, ch. 8, § 012 - Compliance requirements

All Class I operating permits shall contain the following elements with respect to compliance:

012.01 Consistent with 004 above, compliance certification, testing, monitoring, reporting, and recordkeeping requirements sufficient to assure compliance with the terms and conditions of the permit. Any document, including reports, required by a Class I permit shall contain a certification by a responsible official that meets the requirements of Chapter 7, section 008.
012.02 Inspection and entry requirements that require the permittee to allow the Department, EPA or an authorized representative, upon presentation of credentials and other documents, to:
012.02A Enter upon the permittee's premises at reasonable times where a source subject to a Class I operating permit is located or emissions-related activity is conducted, or where records must be kept under the conditions of the permit;
012.02B Have access to and copy, at reasonable times, any records that must be kept under the conditions of the permit;
012.02C Inspect at reasonable times any facilities, pollution control equipment, including monitoring and air pollution control equipment, practices, or operations regulated or required under the permit; and
012.02D Sample or monitor at reasonable times substances or parameters for the purpose of assuring compliance with the permit or applicable requirements.
012.03 A schedule of compliance consistent with Chapter 7, section 006.02H.
012.04 Progress reports consistent with an applicable schedule of compliance in Chapter 7, section 006.02H to be submitted at least semiannually, or at a more frequent period if specified in the applicable requirement or by the Director. Such progress reports shall contain the following:
012.04A Dates for achieving the activities, milestones, or compliance required in the schedule of compliance, and dates when such activities, milestones, or compliance were achieved; and
012.04B An explanation of why any dates in the schedule of compliance were not met, or will not be met, and any preventive or corrective measures adopted.
012.05 Requirements for compliance certification with terms and conditions contained in the permit, including emission limitations, standards, or work practices. Permits shall include each of the following:
012.05A The frequency, not less than annually or such more frequent periods as specified in the applicable requirement or by the Department, of submissions of compliance certifications;
012.05B In accordance with 004 above, a means of monitoring the compliance of the source with its emissions limitations, standards and work practices;
012.05C A requirement that the compliance certification include the following:
012.05C1. The identification of each term or condition of the permit that is the basis of the certification;
012.05C2. The compliance status;
012.05C3. A determination of whether compliance was continuous or intermittent;
012.05C4. The method(s) used for determining the compliance status of the source, currently and over the reporting period consistent with 004 above; and
012.05C5. Such other facts as the Department may require to determine the compliance status of the source;
012.05D A requirement that all compliance certifications be submitted to the Administrator as well as to the Department; and
012.05E Such additional requirements as may be specified pursuant to this Title, the applicable Implementation Plan, or any permit issued under this Title.


129 Neb. Admin. Code, ch. 8, § 012
Amended effective 6/24/2019

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