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

The 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

The 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: Subpart DDDD-Emissions Guidelines and 

Compliance Times for Commercial and Industrial Solid Waste 

Incineration Units

The NDEQ submitted an amendment to the 

proposal at the public hearing to retitle section 

001.86 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

The NDEQ submitted an amendment to the 

proposal at the public hearing to retitle section 

001.87 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. Zablocki 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 in July, 

2013, when the NDEQ shared concepts that 

were being considered for proposed 

rulemaking, the NDEQ determined there was 
currently 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 federal 

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 which 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 means 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 

exist in the operating permit program. No such 

provisions exist in the federal construction 

permit program.

The NDEQ is willing to meet with NICE and 

other interested parties to discuss this issue 

and address any concerns that NICE may 

have and whether any 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 opportunity 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 package 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 

advantageous 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 proposals 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 rules 

on regulating CPM and having Title 129 be silent on the 

The NDEQ did not propose amendments 

related to condensable particulate matter 

(CPM). 

The NDEQ offered to meet with ANEEP and 
subject, 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.