Air Quality

Overview

Welcome 

Contact Us:  Telephone:  402-441-8040  ~ Fax: 402-441-3890  ~ TTYNE Relay 7-1-1  ~  Hours: 8:00 - 4:30 M-F

The Air Quality Program is part of the Environmental Public Health Division of the Health Department, located on the 2nd Floor of the Health Department at 3131 O Street in Lincoln.

The mission of the Air Quality Program is to protect human health and the environment upon which all life depends by maintaining good ambient air quality, and to prevent illnesses and diseases that are caused by poor air quality.

Our Services

The Air Quality Program staff is knowledgeable in a wide variety of air quality regulations, pollution sources, pollutant impacts, and ways to reduce air pollution. If you have questions regarding any of these, or would like to locate more information on air pollution and air quality, please feel free to contact the Air Quality Program and the staff will try to assist you in any way they can. The following provides some basic information on the services we provide:

  • Enforcement of local and federal air quality regulations.
  • Inspection of regulated air pollution sources annually, to ensure compliance with local and federal requirements.
  • Inspection of asbestos removal and remediation projects to ensure asbestos is removed safely and in a manner that protects the public health.
  • Issuance of permits for the installation and operation of air pollution sources.
  • Investigation of complaints of activities that negatively impact air quality, or cause an air pollution nuisance.
  • Monitoring for fine particles and ground-level ozone to assess ambient air quality.
  • Issuance of variances from noise regulations, as well as open burning permits.
  • Assessments of the quality of indoor air in rental properties.
  • Education to homeowners and businesses on ways to reduce indoor air pollution.
  • Education and outreach on the causes and effects of air pollution, as well as technical assistance to people and businesses.

We DO NOT provide the following services:

  • Mold testing or mold remediation services. There are several local businesses that provide these services. Check your local phone company’s business directory under the categories for ‘Mold & Mildew Services’ or ‘Mold Inspection & Remediation’.
  • Asbestos testing or asbestos remediation services. There are several local businesses that provide these services. Check your local phone company’s business directory under the categories for ‘Asbestos Consulting & Testing’ or ‘Asbestos Removal & Abatement Service’.
  • Radon remediation services. Our staff will help provide guidance and technical assistance to those who are considering the need to install a remediation system. The Nebraska Department of Health and Human Services (NE DHHS) maintains a list of licensed radon remediation businesses. Click here for a list of licensed radon remediation businesses.

 

Asthma and Other Respiratory Ailments – Overview

Office Hours:  8:00 - 4:30 M-F
Telephone:  402-441-8040
Fax:  402-441-3890
TTYNE Relay 7-1-1

While there are many respiratory ailments that can be induced or exacerbated by the presence of elevated air pollution concentrations, the most common are asthma, allergic rhinitis (also known as ‘hay fever’), and allergic conjunctivitis.

Symptoms of allergic rhinitis typically include coughing and/or tightness in the chest, sneezing, runny nose, and occasionally a scratchy or burning palate and throat. Symptoms of allergic conjunctivitis most often consist of itchy, watery, irritated eyes. Allergic rhinitis and allergic conjunctivitis tend to be more seasonal in nature, varying based on the presence of such allergens as pollen and mold spores in the air. The severity of a person's reaction depends on how sensitive the person is to a particular allergen and how much allergen is present in the air. Plants release different amounts of pollen during different months. Someone who is allergic to the pollen from a particular species of tree might suffer during March but show no allergic symptoms the rest of the year. If a person has wheezing and/or shortness of breath, the allergy may have progress to become asthma.

The good news is that there are treatments available to help alleviate the symptoms of those who suffer from these ailments. Always consult your doctor before treatment to find out which treatment will be right for you.

Indoor Air Information & Regulations

Office Hours:  8:00 - 4:30 M-F
Telephone:  402-441-8040
Fax:  402-441-3890
TTYNE Relay 7-1-1

When it comes to indoor air quality, the goal of the Air Quality Program is to minimize health risks posed by airborne and other environmental hazards in worksites, homes, and private and public buildings.

For owner-occupied residences, the Air Quality Program can provide technical assistance to help you identify possible sources of air pollution in your home. Program staff generally do not conduct investigations of air quality problems in owner-occupied residences, but can provide you with information and/or referrals to help you address any indoor air quality problems you may be experiencing.

For rental residences, Air Quality Program staff work with the City of Lincoln Building and Safety Department to conduct enforcement of the Lincoln Housing Code. If a nuisance condition is discovered, staff will advise the property owner of their responsibility to remediate the source of the nuisance. Property owners have up to 5 days to remove any visible mold that may be present, and up to 30 days to abate the source of an indoor air nuisance. Issues regarding lease contracts and rental agreements are civil matters covered by the Nebraska Landlord and Tenant Act. The Air Quality Program does not participate in civil litigation under the Nebraska Landlord and Tenant Act.

In addition, staff are involved in the enforcement of the Nebraska Clean Indoor Air Act (NCIAA), otherwise known as the Nebraska statewide smoking ban. Staff routinely check establishments with 'outdoor smoking areas' for compliance with Title 178, Chapter 7 of the Nebraska Administrative Code. By law, establishments that provide an outdoor smoking area are required to comply with certain requirements regarding the amount of open space provided to the outdoors.

The sections that follow provide some basic information on indoor air quality. Visit the following link for more detailed information: EPA – Indoor Air Quality

Common Indoor Air Pollutants

Improving Indoor Air Quality in Your Residence

If you believe that poor indoor air quality is causing or contributing to respiratory ailments you may be experiencing, here are some things you can do to improve the air quality inside your home.

  • Regularly vacuum floors and upholstered furniture regularly with a vacuum equipped with a HEPA filter. If using a canister-style vacuum, make sure to clean out the canister after each use. If using a bag-style vacuum, check the level of the bag before each use, and replace as necessary. Clean all vacuum exhaust filters on a regular basis.
  • Have all gas appliances checked to ensure they are working properly, including furnaces, water heaters, and gas stoves.
  • Maintain a humidity level between 30% and 50%. Air that is too dry can cause airways to become dry, cracked, and irritated. Air that is too humid promotes the growth and reproduction of biological pollutants.
  • Keep pets out of your home’s sleeping areas, and off of your upholstered furniture.
  • Maintain and replace your home’s furnace filter according to manufacturer recommendations. If you’re unable to locate manufacturer recommendations, it is generally recommended to change your furnace filter about once every 3 months.
  • Avoid smoking inside your home and vehicle.
  • Clean hard surface floors with a damp mop or cloth on a weekly basis.
  • Dust hard surfaces (shelves, furniture, appliances, etc.) on a regular basis.
  • Limit the use of harsh cleaning chemicals like bleach and ammonia.
  • Avoid overuse of air freshening sprays, candles, or aerosol personal hygiene products.
  • Vent clothes dryers to the outside.

For more information on asthma and other respiratory ailments that can be induced or exacerbated by indoor air pollution, refer to our asthma section.

Lincoln Smoking Regulation Act (LMC Chapter 8.50) and the Nebraska Clean Indoor Air Act (NCIAA)

The Lincoln Smoking Regulation Act (also known as the Lincoln 'smoking ban') was approved by referendum vote on November 2, 2004. This law prohibits smoking any cigarettes, cigars, and/or pipes in public places and places of employment...with limited exemptions granted for guestrooms and suites, as well as scientific and analytical laboratories. In accordance with Lincoln Municipal Code (LMC) 8.50.280, the Lincoln-Lancaster County Health Department is authorized to inspect public places and places of employment in order to determine compliance with this ordinance.

The Nebraska Clean Indoor Air Act (NCIAA), established by the Nebraska Legislature in 2008, is intended to protect the public health and welfare by prohibiting smoking in public places and places of employment. In accordance with Neb. Rev. Stat. 71-5734, the Nebraska Dept. of Health and Human Services developed rules and regulations to implement the NCIAA. Those rules are set forth in Title 178, Chapter 7 of the Nebraska Administrative Code (178 NAC 7).

The NCIAA prohibits smoking in indoor areas. In accordance with 178 NAC 7, Section 7-002, an indoor area "means an area enclosed by a floor, a ceiling, and walls on all sides that are continuous and solid except for closeable entry and exit doors and windows and in which less than 20% of the total wall area is permanently open to the outdoors. For walls in excess of eight feet in height, only the first eight feet shall be used in determining such percentage." Smoking is allowed in areas that do not meet the definition of an indoor area.

The NCIAA was revised by the Nebraska Unicameral Legislature in 2015. The revisions, effective November 1, 2015, allow for smoking of certain tobacco products in ‘cigar shops’ and ‘tobacco retail outlets’.

The 2015 revisions to the NCIAA provide that the exemption granted for smoking in ‘cigar shops’ overrides any existing local ordinances. However, the exemption provided for smoking in ‘ tobacco retail outlets’ does not override local ordinance. The Lincoln Smoking Regulation Act does not provide for any exemptions to allow smoking in ‘tobacco retail outlets’, and as such, it remains illegal to allow smoking in any ‘tobacco retail outlets’ located within the City of Lincoln.

The Lincoln-Lancaster County Health Department provides guidance for proprietors seeking to provide a compliant outdoor smoking area at their establishment. The LLCHD also conducts inspections to ensure that all smoking areas are in compliance with the NCIAA, and when necessary, coordinates enforcement of the NCIAA with the Lancaster County Sheriff's office, as well as the Lancaster County Attorney's office.

If you’re planning to provide an ‘outdoor smoking area’ for patrons of your establishment, check our Air Quality Program Forms & Applications section for guidance documents that can help you determine whether your smoking area will comply with the requirements of the NCIAA.

Outdoor Air Information & Regulations

Office Hours:  8:00 - 4:30 M-F
Telephone:  402-441-8040
Fax:  402-441-3890
TTYNE Relay 7-1-1

The Air Quality Program serves to reduce and prevent health-related issues arising from pollution in the ambient air. This is accomplished through educating the public on the impacts of their activities on air pollution, as well as through the implementation of a variety of air quality regulations. Staff respond to and investigate complaints of activities that are causing air pollution, and when necessary, pursue enforcement when violations are identified.

What kinds of activities are prohibited?

The Air Quality Program enforces air quality regulations and codes established by County Resolution, Lincoln Municipal Code, and local regulations set forth in the Lincoln-Lancaster County Air Pollution Control Program Regulations and Standards (LLCAPCPRS). The following are some of the activities prohibited under these regulations and codes.


Investigation of Citizen Complaints

Clean, healthy air is vital to the human health and well-being, and to protecting the environment. If you notice an air quality problem on your property resulting from one of the activities prohibited above, you can file a complaint with the Air Quality Program. Staff will respond to complaints and, when violations are found, will notify the responsible party of the illegal nuisance they are creating. If necessary, staff will pursue enforcement against the responsible party.

***If someone is illegally burning materials like garbage, treated wood, rubber, or other ‘prohibited materials’, then before you call the Health Department, call ‘911’ to notify your local fire department.

While your complaint will become a public record, your information will not be released during an investigation, and will only be revealed in the event that a criminal case is prosecuted. If your complaint is regarding an air pollution nuisance created by a neighbor’s actions, the Air Quality Program recommends neighbor-to-neighbor communication prior to filing a complaint. Often, letting your neighbor know that their actions are a nuisance is more effective than regulatory action. Many times people are just not aware that their behavior is bothering anyone. We are happy to provide you with information to share with your neighbor(s), or you can download materials from our web site.

If you, or someone else, are experiencing health effects from an air quality problem, please contact your medical service provider, or seek medical attention.

Open Burning and Smoke Pollution

The rules that govern open burning differ between Lincoln and Lancaster County. The following guidance is provided so that you can better understand how open burning negatively impacts air quality, and what rules you are subject to.

*** It is important to note that, regardless of whether you need an open burning permit from the Health Department, you may need a State Fire Marshall burn permit. These permits are obtained through your local fire department. ***


Allergens and Other Air Contaminants

The term ‘pollution’ is typically used to refer to air contamination resulting from human activities, but there are also naturally occurring sources of air contamination.

Pollen and mold are not regulated by the Air Quality Program, but we recognize that these contaminants can have a significant impact on people’s health. The following resources and information are provided so that you can better understand the impacts of pollen and mold, and so that you can make informed decisions to protect your health and the health of your loved ones.

Pollen
  • Pollen is used by plants to fertilize each other and grow new plants. Plants release pollen into the air. The wind carries the pollen to other plants, and sometimes to human noses, eyes, and lungs. The most common sources of pollen are grasses, weeds, and trees. Each of these pollen sources has different seasonal peaks.
  • Some pollen sticks to the body of a carrier. The carrier can be the fur on an animal, hair, the feathers of birds, the bodies or legs of insects, or human clothing. This type of pollen is seldom carried on the wind (airborne). The grains of these pollens are sticky and larger than airborne pollen. Grains that are carried by animals seldom remain in the air long enough to cause allergic reactions. Most pollen grains cannot be seen with the naked eye. Airborne pollen grains are extremely tiny. The smallest can be carried on the wind for many miles.
Mold
  • Molds, a form of fungus, are found throughout nature. Unlike plants, mold need food and water sources in order to thrive. This food source is often in the form of a carbohydrate material, such as dead, damp wood or other cellulose-base materials.
  • Mold reproduces by the formation of microscopic spores. These spores can become airborne, and much like pollen, can find their way into the human body. Once in the body, mold can cause people to develop fungal infections, or severe immune reactions. Unlike pollen, mold spores rarely affect the eyes. There are many types of outdoor mold spores but only a few are allergenic.

Permits & Compliance

Office Hours:  8:00 - 4:30 M-F
Telephone:  402-441-8040
Fax:  402-441-3890
TTYNE Relay 7-1-1

Air Quality Permits

The LLCHD Air Quality Program is an authorized permitting and enforcement program that has been delegated authority from the U.S. Environmental Protection Agency (EPA) and the Nebraska Department of Environment and Energy (NDEE) to write permits for sources of air pollution in Lancaster County. These permits are enforceable by both the LLCHD and by the U.S. EPA, and are the primary tool used to implement air quality regulations. Before getting into the specific details of construction permits and operating permits, the following ‘frequently asked questions’ can provide some useful information to better understand the terms used:


Construction Permits

Anyone planning to construct a new source of air pollution, modify an existing source of air pollution, or to move a portable source of air pollution into Lancaster County must first obtain a construction permit from the Air Quality Program. If you are planning to build, modify, or relocate an air pollution source in Lancaster County, then be sure to contact the Air Quality Program at least two months in advance of your planned activities, because sources cannot commence construction prior to issuance of a permit, and a permit cannot be issued until the public has been provided with a 30-day comment period. Click on the links below to find out more about the construction permit process.

 

Operating Permits

The operating permit program is the result of the Federal Clean Air Act Amendments of 1990, as well as the passage of LB1257 (1992) by the Nebraska Legislature. The Air Quality Program implements a comprehensive operating permit program for sources of certain air pollutants. The Federal operating permit program is referred to as the “Title V” operating permit program. The LLCHD’s Title V operating permit program is referred to as the ‘Class I operating permit program’. While the Federal Title V program only regulates major sources of air pollution, the LLCHD’s Air Quality Program also regulates minor sources, or ‘Class II’ sources, as well. Click on the links below to find out more about the operating permit program.

 

Compliance Activities

The LLCHD has been delegated authority to adopt and enforce local air quality regulations, as well as the authority to enforce many federal air quality regulations. Program personnel conduct annual on-site inspections of permitted and regulated sources to assure compliance with all local, state, and federal air regulations, as well as all air quality permits.

Staff are often able to identify problem areas and offer suggestions to correct the problems. However, if violations of regulations or permit requirements are discovered, program personnel will initiate enforcement action, which often results in monetary penalties. The Air Quality Program staff routinely recommends Supplemental Environmental Projects (SEPs) as a means of penalty mitigation in an effort to improve future air quality conditions, and to help prevent recurring violations.

Public Notices

Office Hours:  8:00 - 4:30 M-F
Telephone:  402-441-8040
Fax:  402-441-3890
TTYNE Relay 7-1-1

Air Quality Program Public Notices

The notices on this page are provided for the use of submitting public comment to the LLCHD’s Air Quality Program. If you’re in need of assistance, or if you have questions for topics not included on this page, please feel free to contact the Air Quality Program at (402) 441-8040.

Permits Open for Public Comment 


Archer Daniels Midland Company (ADM) - Proposed Issuance of a Minor-NSR Construction Permit

Open for Comment:  June 26, 2025 through July 26, 2025

 

Cleaver Brooks Company, Inc. - Proposed Renewal of a Class II Operating Permit and Issuance of a Minor-NSR Construction Permit
Open for Comment:  July 3, 2025 through August 2, 2025

 

LES Rokeby Generating Station - Proposed Renewal of a Class I Permit to Operate a Major Source of Air Contaminants
Open for Comment:  July 14, 2025 through August 14, 2025

 

LES Rokeby Generating Station - Proposed Renewal of a Phase II Acid Rain Permit 
Open for Comment:  July 14, 2025 through August 14, 2025

 

 

Air Quality Laws and Regulations

Office Hours:  8:00 - 4:30 M-F
Telephone:  402-441-8040
Fax:  402-441-3890
TTYNE Relay 7-1-1

The Lincoln-Lancaster County Health Department (LLCHD) Air Quality Program administers and enforces both local and federal regulations. If you have questions, or would like some technical assistance in assessing how these laws and regulations may impact you, please contact the Air Quality Program at (402) 441-8040.

Local Laws and Regulations

Local air quality regulations include those set forth in the ‘Lincoln-Lancaster County Air Pollution Control Program Regulations and Standards’ (LLCAPCPRS), the Lincoln Municipal Code (LMC), and Lancaster County Resolutions. These local regulations are reviewed and approved by the Air Pollution Control Advisory Board and the Lancaster County Board of Health prior to adoption by the Lincoln City Council and the Lancaster County Board of Commissioners.

City Municipal Codes and County Resolutions

Lincoln-Lancaster County Air Pollution Control Program Regulations & Standards (LLCAPCPRS)

State Laws and Regulations

The LLCHD Air Quality Program works with the LLCHD’s Tobacco Prevention and Education Program to administer and enforce the rules promulgated by the Nebraska Department of Health and Human Services (NE DHHS) implement the Nebraska Clean Indoor Air Act (NCIAA). View the rules of the NCIAA set forth under Title 178, Chapter 7 of the Nebraska Administrative Code (178 NAC 7) here.

Federal Regulations

Federal air quality regulations are established by the United States Environmental Protection Agency (US EPA). Many of the federal regulations have also been incorporated into the LLCAPCPRS, allowing the LLCHD Air Quality Program to administer and enforce those regulations. The following link will allow you to search the electronic Code of Federal Regulations (e-CFR).

Air Quality Program Forms & Applications

Office Hours:  8:00 - 4:30 M-F
Telephone:  402-441-8040
Fax:  402-441-3890
TTYNE Relay 7-1-1

The forms on this page are provided for the use of submitting applications or notifications to the LLCHD’s Air Quality Program. If you’re unable to find the form you need, or if you have suggestions for forms and/or applications not included on this page, please feel free to contact the Air Quality Program at (402) 441-8040.

Application or Form Name

   

Frequently Asked Questions