Dave Heineman Governor 

### STATE OF NEBRASKA

DEPARTMENT OF ENVIRONMENTAL QUALITY Michael J
. .Linder

. Director Suite 400, The Atrium 1200 N Stree t PO Box 98922 lincoln , Nebraska 68509-8922 Ph one (402) 471 -2 186

FAX (402) 47i-2909 website: www.deq.state.ne.us November 8, 2011 Mr. Karl Brooks Regional Administrator U.S. EPA, Region VII 901 NOlih 5 th Street Kansas City, KS 66101 Dear Mr. Brooks: Enclosed are revised chapters ofTitle 129 ofthe Nebraska Administrative Code. We are submitting these revised chapters to update Nebraska ' s regulatory State Implementation Plan (SIP). This update includes all changes to Title 129 that have been adopted by the Nebraska Environmental Quality Council and signed by the Governor ofNebraska, that are to be included in the SIP and have not previously been submitted for EPA approval and inclusion in Nebraska's SIP. The only exception is that we are not asking you to consider the 2007 changes to Chapters 2 and 17 related to the definition of chemical process plants. Statutory authority for the Nebraska Environmental Quality Council and the Governor of Nebraska to adopt these rules is contained in the Nebraska Environmental Protection Act, section 81-1501 to 81-1532 of the Revised Statutes ofNebraska Several of the changes we are submitting today were adopted at the same time as major regulatory revisions that were subsequently vacated, such as the Clean Air Mercury Rule, CISWI and OSWI rules. Others were withheld at the time we submitted changes related to PSD reform. We are combining these "orphan" changes into one submittal. Review and approval are being requested at this time for changes to the chapters listed below: Chapter 4: Ambient Air Quality Standards Chapter 5: Operating Permits

- When Required Chapter 6: Emissions RepOliing

- When Required Chapter 17 : Construction Permits

- When Required Chapter 18: New Source Performance Standards Chapter 22: Incinerators; Emissions Standards Chapter 27: Hazardous Air Pollutants, MACT Adopted 711 /2008; Effective 8118/2008 Adopted 12/7/2007; Effective 2/16/2008 Adopted 6/9/2006; Effective 12113/2006 Adopted 6/9/2006; Effective 12/13/2006 Adopted 12/4/2009; Effective 7/3/2010 Adopted 12/4/2009; Effective 7/3/2010 Adopted 8117/2007; Effective 2/6/2008



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-------------------------------- An Equal Opportun ity/ Affirmative Action Employe r Pnnted With soy ink on recycled paper**~**Chapter 30: Open Fires Adopted 12/4/2009; Effective 71312010 " Adopted 8/17/2007; Effective 2/612008 Adopted 6/9/2006; Effective 12113/2006 " Adopted 6/9/2006 ; Effective 12113/2006 Chapter 43: VisibilityProtection Appendix II : HAPs by CAS Number Appendix III : HAPs by Chemical Name The Nebraska Department of Environmental Quality (NDEQ) requests that the U .S. Environmental Protection Agericy (EPA) amend Nebraska's State Implementation Plan to (a) include" new rules as submitted and (b) replace current rules in the SIP with " amended rules as submitted, to the extent that they are deemed approvab le. NDEQ also reques ts th at the EP A amend its 111 (d) plan for municipal solid waste landfills in secti on 004 of Chapter 1 8. Finall y, NDEQ also requests that the EPA amend the Nebraska Title V Plan to include these changes, as applicable. Enclosed are hard copy paper documents required for detemlination of plan completeness per 40 CFR Part 51, Appendix V. Also enclosed is a CD containing electronic files which are exact duplicates of the paper documents being submitted. Thank you for your attention to this matter. If you have questions regarding this submittal, please contact Shelley Schneider, Air Quality Division Administrator at 402- 471-4299 or Beverly Kellison, Air Planning Unit Supervisor at 402

-471 -3588.

Director

Enclosures: Attachment I:

Attachment ILA Attachment ILB Attachment ILC Attachment ILD Attachment ILE

Attachment lILA Attachment IILB Attachment 

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SIP Completeness Checklist

Concise Exp lanatory Statement to Attomey General, June 13, 2006 Concise Explanatory Statement to Attorney General, August 28, 2007 Concis e Exp lanatory Statement to Attorney General, December 10 , 2007 Concise Explanatory Statement to Attorney General, July 8,2008 Concise Explanatory Statement to Attorney General, February 3, 2010

Proof ofPublication ofPublic Notice, May 9 ,2 006 Proof of Publication ofPublic Notice, July 13, 2007 Proof of Publication of Public Notice, November 6 , 2007

------------------------------- PageZAttachment IILD Attachment ULE

Attachment IV.A Attachment IV.B Attachment IV.C Attachment IV.D Attachment IV.E

Attachment V.A Attachment V.B Attachment V.C Attachment V
.D Attachment V.E

Attachment VLA Attachment VLB Attachment Vl.C Attachment VLD Attachment VLE Attachment VILA Attachment VIl.B Attachment VII.C Attachment VIl.D Attachment VIl.E Proof of Publication of Public Notice, May 28,2008 Proof of Publication of Public Notice, October 30,2009

Certificate of Adoption, June 19, 2006 Certificate of Adoption, August 27,2007 Certificate of Adoption, December 13,2007 Certificate of Adoption, July 11, 2008 Certificate of Adoption , February 5,20 10
Request for Approval to Governor, August 7 , 2006 Request for Approval to Govemor, September 26, 20 07 Request for Approval to Governor, Request for Approval to Governor, August 7, 2008 Request for Approval to Govemor, April 28, 2010

Notice of Govemor's Approval, December 8, 2006 Notice of Govemor ' s Approval, February 1 ,2 008 Notice of Governor's Approval, February 11,2008 Notice of Governor's Approval, August 13,2008 Notice of Governor's Approval, June 28,2010 Stamped regulations filed by Secretary of State December 8, 2006 Stamped regulations filed by Secretary of State February 1, 2008 Stamped regulations filed by Secretary of State February 11 ,2 008 Stamped regulations filed by Secretary of State August 13 ,2 008 Stamped regulations filed by Secretary of State June 28, 2010

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