HEARING SUMMARY

REGULATION: Title 129 , NAC, Nebraska Air Quality Regulations , Chapter(s) 1, 4, 15, 18, 20, 28, & 34

.

DATE OF HEARING: February 6, 2014

Commenter Comment Department Response David Darling on behalf of the American Coatings Association (ACA)

1

. a

. “ ACA supports the proposed changes to Chapter 129,

Definition 160 (Volatile Organic Compound (VOC)) which

includes a direct reference to 40 CFR 51.100 (s)(1)

and (5), effective July 1, 2013. ”

“ The proposal provides an incentive for industry to use negligibly reactive compounds in place of more highly reactive compounds that are regulated as VOCs. ” The revision to the definition of a VOC in Title

129 to include 40 CFR 51.11 (s)(5) was based upon the comments received from the ACA.

Josh Tapp on behalf of the US Environmental Protection Agency, Region VII *

2.a. Chapter 18: Section 001.82

- Add the word "Ignition" between

"Spark" and " Internal", to read: Subpart JJJJ

- Standards of Performance for Stationary Spark Ignition Internal Combustion Engines T he NDEQ submitted an amendment to the proposal at the public hearing to include the word “ignition” in the title of section 001.82 to
conform to the name to the CFR

- equivalent

version . The amendment was accepted by the Environmental Quality Council (EQC) and included in the approved revision of Chapter

18.

2.b. Chapter 18: Section 001.84

- Presently, this section reads the

same as 001.32 "Nitric acid plants

- Subpart G"

. This subpart

should read: Subpart Ga

- Standards of Performance for Nitric Acid Plants for Which Construction, Reconstruction, or Modification Commenced After October 14, 2011 T he NDEQ submitted an amendment to the proposal at the public hearing to retitle section

001.84 as noted in the comment to conform to

the name to the CFR

- equivalent version . The amendment was accepted by the EQC and included in the approved revision of Chapter

18.2.c. Chapter 18: Section 001.86

- Delete the word "Existing"

. "001.86 DDDD

- Emission Guidelines & Compliance Times for Existing Commercial & Industrial Solid Waste Incinerator

Units"

. The subpart appears as follows in the Federal Register: Subpar t DDDD

- Emissions Guidelines an d Compliance Times for Commercial and Industrial Solid Waste

Incineration Units T he NDEQ submitted an amendment to the proposal at the public hearing to retitle section

001.8 6 as noted in the comment to conform to

the name to the CFR

- equivalent version

. The amendment was accepted by the EQC and included in the approved revision of Chapter

18.

2.d. Chapter 18: Section 001.87

- Add the word "New", to read:

Subpart LLLL

- Standards of Performance for New Sewage Sludge Incineration Units T he NDEQ submitted an amendment to the proposal at the public hearing to retitle section

001.8 7 as noted in the comment to conform to

the name to the CFR

- equivalent version . The amendment was accepted by the EQC and included in the approved revision of Chapter

18.

Shawn W. Z ablocki on behalf of the Nebraska Industrial Council on Environment (NICE)

3.a. “ NICE would like to commend the Nebraska Department of

Environmental Quality (NDEQ) for the manner in which the proposed regulation changes were developed. NICE believes

the open dialogue between the NDEQ and its stakeholders has resulted in proposed changes that accomplish the NDEQ's goals while still providing industry with the flexibility they desire.

As a result of the above process, NICE recommends that the EQC approve the proposed changes to Title 129. ” The proposed changes to Title 129 were approved by the EQC.

3.b. “ During the stakeholder meetings, NDEQ requested input on

whether to include condensable particulate matter (CPM) language in the definition of "Regulated NSR Pollutant" and whether to also expand the inclusion of CPM to cover other aspects of the air program. NICE was surprised that the
NDEQ did not propose the inclusion of CPM for the Prevention of Significant Deterioration (PSD) Program in the proposed changes to Title 129 presented to the EQC. ” The NDEQ did not propose amendments related to condensable particulate matter (CPM).

Following stakeholder discussions i n July,
2013, when the NDEQ shared concepts that

were being considered for propo sed rulemaking , the NDEQ determined there wascurrently adequate authority to regulate CPM.

This determination was based in part upon feedback from EPA Region VII . The NDEQ sought input from EPA Region VII due to the fact that the PSD program is the feder al construction permit program. Therefore a proposed revision to the Title 129 to include CPM in the definition of a “Regulated NSR Pollutant” was not included in the package.

3.c. “ Based on feedback received during the stakeholder process,

the NDEQ believes they have the authority to regulate CPM under all aspects of the air program and, therefore, including CPM under the definition of "Regulated NSR Pollutant" is not necessary. NICE disagrees with this reasoning and requests the NDEQ to specify whic h section(s) of Title 129 provides

them with the authority to regulate CPM. NICE would like to discuss this important matter further with the NDEQ. ” The NDEQ did not propose amendments related to condensable particulate matter (CPM).

The NDEQ offered to meet with NICE and other interested parties in the near future to discuss this issue and address any concerns

that they may have.

3.d. “ NICE believes the NDEQ has not made Chapter 15, Section

007.02 broad enough and that it should cover any source permitted under Title 129. Many sources in the state operate under only a construction permit. That is, their emissions are low enough such that they are not required to obtain an operating permit. As such, the proposed changes do not provide them with a m eans to make similar changes afforded to sources with an operating permit. ” Chapter 15, Section 007.02 was proposed to include a federal provision for making changes to operating permits commonly referred to as

“off

- permit changes.” Such provisions only

e xist in the operating permit program. No such provisions exist in the federal construction permit program

.

T he NDEQ is willing to meet with NICE and other interested parties to discuss this issue

and address an y concerns that NICE may

have and whether an y further changes to Chapter 15 are appropriate.Loran Schmit on behalf of the Association of Nebraska Ethanol Producers (ANEEP)

4 .a. “ Before proceeding with my remarks, I would like to take this

opportunity to commend the Nebraska Department of Environmental Quality (NDEQ) for engaging in outreach with the public and the regulated community in advance of presenting this formal rulemaking before the EQC. NDEQ has provided ANNEP, its members, and other regulated sources in Nebraska the op portunity to review and provide comment

on its draft rulemaking proposal, which has resulted in the formal rulemaking package under consideration today. ANEEP and other members of the regulated community have provided comments to NDEQ with respect to earlier drafts of this rulemaking, and NDEQ has considered these comments, made several adjustments to the specific language in the rulemaking, and improved the content and clarity of the proposed rules. The NDEQ outreach is appreciated by ANEEP and we ask that NDEQ follow the same approach

with respect to any future rulemaking going forward.

With respect to the specific Title 129 rulemaking package before the EQC today, ANEEP recommends that the EQC adopt the rulemaking p ackage without any changes. The public outreach from NDEQ has provided the opportunity to resolve most specific concerns from ANEEP and its members about the rulemaking. In fact, in this particular rulemaking package, there are several regulatory changes

a dvantageous to ANEEP members and other regulated

sources across Nebraska. ” The proposed changes to Title 129 were approved by the EQC. The NDEQ will continue the current process of engaging in formal outreach and providing industry and all interested parties with copies of draft proposals prior to the proposals going out for public notice in order to receive feedback and amend draft pro posals as necessary.

4.b. “ ANEEP believes that adopting the federal regulations on

CPM is imperative and should be done promptly in order to provide clear boundaries on how CPM is to be regulated within Nebraska. By not adopting the underlying federal rul es on regulating CPM and having Title 129 be silent on the The NDEQ did not propose amendments related to condensable particul ate matter (CPM).

The NDEQ offered to meet with ANEEP andsubject, ANEEP members and regulated industries face uncertainty in how NDEQ will actually regulate CPM emissions going forward. ” other interested parties in the near future to discuss this issue and address any concerns

that ANEEP may have.

*The comments received from Richard Sumpter on behalf of EPA Region VII were superseded by the comments received from Josh Tapp of EPA Region VII.