UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 7 11201 Renner Boulevard Lenexa,Kansas 66219 

# JAN 2 8 

# 2013

Ms. Shelley Schneider, Administrator Air Quality Division Nebraska Department ofEnvironmental Quality 1200 "N" Street, Suite 400 P.O. Box 98922 Lincoln, Nebraska 68509

Dear Ms. Schneider:

We are in receipt ofthe Nebraska Department ofEnvironmental Quality's (NDEQ) request to amend the Nebraska State Implementation Plan (SIP) to address the infrastructure requirements for the 2008 Ozone National Ambient Air Quality Standard (NAAQS) as well as the 2010 Nitrogen Dioxide NAAQS

. Both proposed amendments are out for public commentbeginning
on December 27,2012 and ending on January 28, 2013. We appreciate the opportunity to provide written comments on these proposed amendments.

The U.S. Environmental Protection Agency Region 7 is providing comments pursuant to the public notice for these rules. We appreciate the state's diligence in keeping its rules current and consistent with the federal rules and the EPAs guidance. The comments below apply to both the 2008 Ozone NAAQS as well as the 2010 Nitrogen Dioxide NAAQS as they relate to the following elements:



### 110 (a)(2)(C): Programs for enforcement ofcontrol measures and for construction or modification ofstationary sources In order to meet the requirements ofElement C as it pertains to the major source PSD program, the Nebraska infrastructure SIP submittal for the 2008 ozone standard must also include the appropriate PSD requirements for all regulated NSRpollutants (e.g., N02, PM2.5, etc.). It is Region 7's understanding that although Nebraska recently revised its state regulations to address all regulated NSR pollutants, these rule revisions have not been submitted to the EPAfor approval into the SIP. Ifthese additional provisions are submitted to EPA and are approved into the SIP, the EPAbelieves the provisions ofthe rule would address Element C.



### 110 (a)(2}(l)}: Interstate and International Transport With respect to element D, we recognize NDEQ has addressed the provisions within the submittal. The EPA Region 7 will review the SIP in accordance with the November 19, 2012
memo issued by Gina McCarthy. 

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Printedon Recycled Paper

### llO(a)(2)(E) Adequate personnel. funding, 

### and authority With respect to Element E, Section 1l0(a)(2)(E)(ii) requires that each SIP contain requirements that the State comply with Section 128 ofthe Clean AirAct. Section 128(a)(1) requires that each SIP shall contain requirements that any board which approves permits orenforcement orders shall have at least a majority ofmembers who represent the public interest and do not derive any significant portion oftheir income from persons subject to permits orenforcement orders. Section 128(a)(2) provides that each SIP contain requirements that potential conflicts ofinterest be disclosed by members ofsuch boards or bodies or the head ofan executive agency with the powerto approve permits orenforcement orders.

In Nebraska's proposed revisions to the State Implementation Plan to meet the infrastructure SIP requirements for the 2008 Ozone and 2010 Nitrogen Dioxide National Ambient Air Quality Standards (NAAQS), NDEQ states that Section 128 ofthe Clean AirAct is not applicable in Nebraska as the Environmental Quality Council (EQC) does not approve permits or enforcement orders. While this may address section 128(a)(1), the EPA notes that section 128(a)(2) applies to "members ofsuchboard or body or the headof an executive agency with similarpowers. " Therefore, NDEQ should address whether its statutory or regulatory provisions address the conflict ofinterest requirement. In addition, to meet the requirement ofElement E, NDEQ must submit any such state conflict ofinterest provisions as described at Section 128(a)(2) for inclusion in the Nebraska SIP.

Ifyou or your staffhave any questions orwould like to discuss these comments, please contact Greg Crable ofmy staffat crable.gregory@epa.gov or (913) 551-7391.

### ~**j~** Jos a Tapp,Branch Chief Air Planning and Development Branch