Dave Heineman 

Governor 

STATE OF NEBRASKA 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

Michael J .. Linder . 

Director 

Suite 400, The Atrium 

1200 N Street 

PO Box 98922 

lincoln , Nebraska 68509-8922 

Phone (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 5th Street 

Kansas City, KS 66101 

Dear Mr. Brooks: 

Enclosed are revised chapters of Title 129 of the 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 of Nebraska, 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 of Nebraska 

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 Opportunity/Affirmative Action Employer 

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 approvable. NDEQ also 

requests that the EP A amend its 111 (d) plan for municipal solid waste landfills in section 

004 of Chapter 18. Finally, 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 m.c 

'0---

SIP Completeness Checklist 

Concise Explanatory Statement to Attomey General, June 13, 2006 

Concise Explanatory Statement to Attorney General, August 28, 

2007 

Concise Explanatory 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 of Publication of Public Notice, May 9,2006 

Proof of Publication of Public Notice, July 13, 2007 

Proof of Publication of Public Notice, November 6, 2007 

------------------------------- PageZ 
Attachment 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 5,2010 

Request for Approval to Governor, August 7, 2006 

Request for Approval to Govemor, September 26, 2007 

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 1,2008 

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 ,2008 

Stamped regulations filed by Secretary of State August 13 ,2008 

Stamped regulations filed by Secretary of State June 28, 2010 

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