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 of Environmental Quality 

1200 "N" Street, Suite 400 

P.O. Box 98922 

Lincoln, Nebraska 68509 

Dear Ms. Schneider: 

We are in receipt of the Nebraska Department of Environmental 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 comment beginning 

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 of control measures and for construction or 

modification of stationary sources 

In order to meet the requirements of Element 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 NSR pollutants (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 EPA for 

approval into the SIP. If these additional provisions are submitted to EPA and are approved into 

the SIP, the EPA believes the provisions of the 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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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 of the Clean Air Act. Section 128(a)(1) requires that each 

SIP shall contain requirements that any board which approves permits or enforcement orders 

shall have at least a majority of members who represent the public interest and do not derive any 

significant portion of their income from persons subject to permits or enforcement orders. 

Section 128(a)(2) provides that each SIP contain requirements that potential conflicts of interest 

be disclosed by members of such boards or bodies or the head of an executive agency with the 

power to approve permits or enforcement 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 of the Clean Air Act 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 of such board or body or the head of an executive agency with similar powers. " 

Therefore, NDEQ should address whether its statutory or regulatory provisions address the 

conflict of interest requirement. In addition, to meet the requirement of Element E, NDEQ must 

submit any such state conflict of interest provisions as described at Section 128(a)(2) for 

inclusion in the Nebraska SIP. 

If you or your staff have any questions or would like to discuss these comments, please contact 

Greg Crable of my staff at crable.gregory@epa.gov or (913) 551-7391. 

~ 

j~ 

Jos a Tapp, Branch Chief 

Air Planning and Development Branch