WHAT'S NEW:

No recent state activity has been identified.

AIR EMISSIONS REGULATIONS:

Air Quality Status	All areas in attainment EPA's Nonattainment Areas
Major Source Threshold	PTE up to 250 tons (100 tons for listed sources) per year in attainment areas.
Minor Source Permitting Exemption	See list below
Minor Source Treatment	Emission limits: SO2, PM, and opacity
Emergency Generating Limits	Must report if the emergency generator operates more than 500 hrs/yr

 

DE MINIMIS EXEMPTIONS

For construction permits, units are exempt that have a potential to emit less than:

• 15 tpy of PM-10,
• 40 tpy of SO2, NOx, VOC
• 50 tpy of CO and
• 0.6 tpy of lead
• 2.5 tpy of a single HAP
• 10 tpy of any combination of HAPs

No notification is required, but it is recommended. Emission records must be kept.

MINOR SOURCE PERMITTING

A minor source construction permit is required for units that emit more than the exemption levels listed above. A construction permit will typically include limits as follows:

• SO2: 2.5 lb/MMBtu (for existing sources; standards for new sources are not listed but are expected to be similar)
• PM: 0.6 lb/MMBtu over a 2 hour average if 10 MMBtu heat input or greater
• Opacity: 20%

If a source triggers the HAP thresholds listed above, the state would require a BACT analysis for those pollutants. There is a 30-day public comment period. The whole process, including the comment period, takes 3-12 months.

For minor source operating permits, Nebraska has enacted the “Low Emitter Rule” which exempts sources with actual emissions less than 50 tons per year of any criteria pollutant, 5 tpy of a single HAP, and 12.5 tpy of any combination of HAPs from obtaining an operating permit. If the source has a potential to emit greater than 100 tons per year it will have to pay a $25 fee for each ton of pollutant emitted, up to 4,000 tons per pollutant. No additional controls will be required as long as the source does not trigger PSD.

MAJOR NSR/PSD PERMITTING

A potential to emit 250 tons (100 tons for listed sources) or more of any criteria pollutant.

TREATMENT OF EMERGENCY ENGINES

Sources that are required to obtain an operating permit solely because of an emergency generator used for back-up power only are exempt from obtaining an operating permit. Exempted units only need to report if the unit operates more than 500 hours per year.

SITING REQUIREMENTS FOR NON-UTILITY GENERATORS:

An electrical generation facility that plans to use all of its production on-site is not required to seek the approval of the Nebraska Power Review Board. However, any sale of excess capacity on the wholesale or retail market would require a certificate from the Power Review Board.

Nebraska Power Review Board Rules

BUILDING, ZONING AND FIRE CODES:

Building Codes: The State Building Code adopts the most current version of the IBC, and applies to all state-owned buildings. [1]

Energy Codes: Nebraska enforces the Nebraska Energy Code statewide. Currently, the state code is the 2003 IECC. Local jurisdictions may adopt other codes, but they must be as stringent as the Nebraska Energy Code. [2] Omaha recently adopted the 2006 IECC.

• Nebraska Energy Office

Fire Codes: Nebraska has adopted the 2003 NFPA 1: Uniform Fire Code as its Fire Prevention Code. [3]

• State Fire Marshal

Zoning: Zoning and planning happens at the local level. Check with each jurisdiction regarding their zoning codes.

Resources (information may not be as current as provided above)

A general overview of each state’s enacted codes can be found HERE.

The International Code Council Adoption page gives state-by-state adoption status of specific ICC codes, as well as information about code adoption by some municipal governments within that state.

Information about energy codes can be found at the DOE’s Building Codes for Energy Efficiency page or at the Building Codes Assistance Project.

INTERCONNECTION REQUIREMENTS:

Nebraska does not have a statewide policy on interconnection standards.

Nebraska Public Power District: Working on updating their DG interconnection guide, which can be accessed from here when completed: http://www.nppd.com/my_business/services/additional_files/distributed_generation.asp.

Omaha Public Power District: Has interconnection standards in place. There are no system size limits and there are three levels of interconnection. The utility must respond to an application within 30 days and there are standard forms. Interconnection standards can be accessed here, http://www.oppd.com/BusinessCustomers/ProductsServices/DistributedGeneration/22_000935

EXIT FEES:

There is no statewide exit fee policy in place, and no utility charges exit fees.

UTILITY STANDBY RATES:

Nebraska does not have a statewide policy on standby rates. Relevant provisions for Nebraska utilities is summarized below.

Nebraska Public Power District - Currently has no standby rates, however they are in the process of developing a standby rate. More information is available at: http://www.nppd.com/My_Business/default.asp

Omaha Public Power District - Schedule 464 - standby service is entirely demand based, however the demand charge is moderate. Billing demand is based on the higher of the maximum 15 minute demand of the month or 85% of the maximum from the previous 11 months. Rate available at: http://www.oppd.com/CustomerService/Rates/index.htm