### DECLARATION OF DENNIS BURLING

Lancaster County ) ) ss State ofNebraska )

I, Dennis Burling, declare under penalty ofperjury that the following statement is

true and correct:

1. The facts stated herein are based onmypersonal knowledge unless stated

otherwise.

2. I am employedbythe Nebraska Department ofEnvironmental Quality as the

Information Technology Manager. In my capacity as Information Technology Manager

for the Department, I have personal knowledge ofthe facts set forth below. I am familiar

with the Department ofEnvironmental Quality and Information Technology Section's
procedures for submitting and placing public notices ofsignificant events onthe
Department's webpage, www.deq.ne.gov.

3. The Information Technology Section, under my supervision and direction, has
developed an online public notice process. This process allows Department staffto

submit public notices and related documents to appear within the Public Notice portion of

the agency web pages. A record ofthis information, including the person initiating the
public notice, the date submitted, date the public notice appeared on the website, and the

date on which the public notice will be automaticallyremoved from the website are

indicated in Attachment 1 to this declaration, including a copy ofthe information that

appears on the website. 

## EXHIBIT

1

### 4. Public notice ofthe following events has been placed on the Department's

website in accordance with the procedures described above for 30 days:

A. 2008 Ozone Infrastructure SIP, Comment Period from December 27,2012 to January 28,2013,

B. 2010 N02 Infrastructure SIP, Comment Period from December 27,2012 to January 28,2013,

C. 2008 Ozone Infrastructure SIP Hearing onJanuary 28,2013, and

D. 2010 N02 Infrastructure SIP Hearing onJanuary28,2013.

Subscribed and sworn to before me this

# Q day ofJanuary 2013, in Lincoln,

Nebraska.

GEIIERAl NOTARV-State of Nebraska KERRIE CARPENTER MyComm. Exp. Feb. 19,2016 

### NotaryPublic

2Submitted By Leena Pumel Date Submitted or Modified 12/27/2012 Program Name Air Quality Division Public Hearing DEQ Facility Number 0

Name ofApplicant 2008 Ozone Infrastructure SIP Hearing Location Statewide Nearest City Lincoln Proposed Agency Action Date information to appear on Web Page 12/27/2012 Hearing Date 01/28/2013 End of Comment Period 

### Notice is given to the public that the Nebraska Department of Environmental Quality (NDEQ) has drafted a 11 0(a)(2) "Infrastructure SIP" plan for the 2008 8-hour Ozone National Ambient Air Quality Standards (NAAQS) and it was offered for public notice on December 27, 2012 with an opportunity for hearing on January 28, 2013 at our offices at 10:00 am. The comment period will close at the end ofthe day on January 28, 2013. Comments received during the 30-day public notice period and public hearing will be considered prior to the submission to EPA Region VII.

The proposed 110(a)(2) plan is available on the NDEQ website under "Public Notices". Further inquiries may be made at (402) 471-2189 or "ndeq.airquality@nebraska.gov".

www.DEQ.state.NE.US Home Page Security, Privacy & Accessibility Policy

For more information, contact Morelnfo@NDEQ,state,NE,U5 Nebraska Department of Environmental Quality 1200 "N" Street, Suite 400 P.O. Box 98922 Lincoln, Nebraska 68509 (402) 471-2186 FAX (402) 471-2909 Nebraska.govPublic Notice Information

Submitted By Leena Pumel Date Submitted or Modified 12127/2012 Program Name Air Quality Division Public Notice DEQ Facilitv Number 0

Name ofApplicant 2008 Ozone Infrastructure SIP Location Statewide Nearest City Lincoln Proposed Agency Action Date information to appear on Web Page 12/27/2012 End of Comment Period 01/28/2013
Certification that Nebraska's State Implementation Plan (SIP) Meets the Infrastructure SIP Requirements for the 2008 Ozone 8-hour National Ambient Air Quality Standard (NAAQS) as Detailed in Section 110(a)(2) ofthe Federal Clean Air Act (CAA) as Amended in 1990



### Applicable Clean State Implementation Plan Requirement Nebraska Evidence ofCompliance

Air Act Section Section llO(a)(2): Each implementationplan submitted by a state under this chaptershall be adopted by the State after reasonable notice and public hearing. Eachplan shall: §110 (a)(2)(A) include enforceable emission limitations andother Section 81-1504 ofthe "NebraskaEnvironmental Protection control measures, means, or techniques Act" specifies that the Nebraska Department ofEnvironmental (including economic incentives such as fees, Quality (NDEQ) has the power and duty to develop programs marketablepermits, andauctions of emissions for the prevention, control, and abatement ofnew and existing rights), as well as schedules andtimetables for sources ofair pollution. Section 81-1505 specifies that the compliance, as maybe necessary orappropriate Nebraska Environmental Quality Council (EQc) is charged to meet the applicable requirements of this Act; with the adoption andpromulgation ofrules andregulations which set air quality standards within the state.

The 2008 ozone 8-hour standard specified in 40 CFR Part 50.15 is proposed for adoption in Nebraska at Title 129, Chapter4, section 005 ofthe Nebraska Administrative Code.§110 (a)(2)(B) provide for establishment andoperation of appropriate devices, methods, systems, and procedures necessary to- (i) monitor, compile, andanalyze data on ambient air quality, and
(ii) upon request, make such information available to theAdministrator; The NDEQ anticipates that the 2008 ozone 8-hour standard will be incorporated into Title 129 after the March, 2013 hearing oftheNebraska Environmental Quality Council. 40 CFR Part 50, Appendix P is planned for adoption into the NebraskaAdministrative Code in conjunction with the incorporation ofthe 2008 ozone 8-hour standard and will be the methodologyutilized in determining the 8-hour concentrations ofozone. The entire state ofNebraska is designated as "unc1assifiable/attainment" for the 2008 8-hour

ozone standard. Please see the attached "Nebraska Ozone Attainment Designation Letter".

Provisions under Title 129, Chapter 17, section 007 require that the Department require sufficient information in construction permit applications to determine ifnew or modified sources will interfere directly or indirectly with attainment or maintenance ofNational Primary or Secondary Ambient Air Quality Standards. Nebraska adopted the appropriate significance thresholds for ozone (40 tons ofvolatile organic compounds or nitrogen oxides) in Title 129, Chapter 19, section 010.07. Nebraska complies with 40 CFR Part 50, Appendix P with regards to the appropriate regulatory monitoring, compiling, and analysis ofdata on ambient air quality, relative to the 2008
ozone 8-hourNAAQS.

The ambient air monitoring network plan is developed and administeredbythe NDEQ ofthe NDEQ Monitoring and Emissions Inventory Unit. Three agencies are involved in the day-to-day operation ofthe ambient monitoring network (NDEQ, LincolnlLancaster County Health Department, and Douglas County Health Department). Ofthese agencies, LLCHD and DCHD conduct ozone monitoring. The network

### §llO (a)(2)(C) include aprogram toprovide for the enforcement of the measures described in subparagraph (A), and regulation of the modification and construction of any stationarysource within the

areas coveredby theplan as necessary to assure that national ambient airquality standards are achieved, includingapermitprogram as required inparts 

### C andD of this subchapter; plan includes provisions to address the ambient air monitoring reference and equivalent methods and ambient air quality surveillance in Appendix A. The timely submission ofdata into the Air Quality System (AQS) database is addressed in Appendix D. Please see the attached "Nebraska 2012 Ambient Air MonitoringNetwork Plan", "2011 NebraskaAmbient Air Quality Monitoring Plan Approval", and the "Nebraska Ozone Attainment Designation Letter".

81-1527 ofthe "NebraskaEnvironmental Protection Act" included in the Revised Statutes ofNebraska identifies policies for the availability ofrecords to the general public and specifies that the Administrator or Regional Administrator ofthe Environmental Protection Agency or his or her delegates have availability to inspect the confidential records ofthe department concerning a given source. Section 81-1504 ofthe "NebraskaEnvironmental Protection Act" included in the Revised Statutes ofNebraska details the

measures available regarding the enforcement ofsubparagraph (A). Section 81-1505(l2)(a)provides the duty ofadopting and promulgating a construction permit program to the EQC that requires the owner or operator ofan air contaminant source to obtain a permit prior to construction.
Chapter 19 ofTitle 129 ofthe Nebraska Administrative Code specifies the "Prevention ofSignificant Deterioration ofAir Quality" permit program utilized by Nebraska. Chapter 17 of Title 129 details Nebraska's state construction permit program. The NDEQ construction permit program is staffed by 5 permit writers. Additionally, Chapter 17, section 013 ofTitle 129 specifies the requirements for construction or modification of

sources in nonattainment areas.§110 (a)(2)(D) contain adequateprovisions-
(i) prohibiting, consistentwith theprovisions of Title L any source or other type of emissions activity within the State from emitting any air pollutant in amounts which will-
(I) contribute significantly to nonattainment in, or interfere with maintenance by, any other State with respect to any such nationalprimary or secondary ambient air quality standard, or
(II) interfere with measures required to be included in the applicable implementationplan for any otherState underpart 

### C topreventsignificant deterioration of air quality or toprotect visibility,

(ii) insuringcompliance with the applicable requirements of section 

### 126and 

### 115 (relating to interstate and internationalpollution abatement); At this time, all ofNebraska is in attainment with the 2008
ozone 8-hourNAAQS and therefore theprovisions ofChapter 17, section --013 have not been utilized.

Facilities located within Lancaster County are required to obtain construction permits from the LincolnlLancaster County Health Department (LLCHD). Facilities within the City limits ofOmaha are required to obtain construction permits from OmahaAir Quality Control (OAQC). Nebraska does not contribute significantly to nonattainment in,

or interfere with maintenanceby, any other State with regards to the 2008 ozone 8-hour standard. Per 76 FR48244 (Federal Implementation Plans: Interstate Transport ofFine Particulate Matter and Ozone and Correction ofSIP Approvals; Final Rule)(CSAPR), the EPA stated that states "which contribute 0.8 ppb or moreto 8-hour ozone nonattainment or maintenance in another state are identified as states with contributions to downwind attainment and maintenance sites large enough to warrant further analysis." This equates to a 1

### %threshold which is the threshold utilized by the EPA. Per 76 FR48236, "states whose contributions are below these thresholds do not significantly contribute or interfere with maintenance ofthe relevant NAAQS. Per 76 FR48245, based upon the EPA's calculations, Nebraska's largest downwind contribution to nonattainment and maintenance for ozone was 0.2 ppb. This represents less than a 

### V. standard of75 ppb which is the threshold utilized in CSAPR. In other words, as modeled bythe US EPA under the CSAPR rule, Nebraska does not cause or contribute to any downwind nonattainment for ozone. Furthermore, as modeled bythe US EPA for the CSAPRrule, Nebraska does not interfere withthe ability for any downwind state to maintain attainment with the ozone standard. Therefore, Nebraska does not have any obligations.§110 (a)(2)(E) provide


### (0 necessary assurances that the State (or, except where theAdministratordeems appropriate, the generalpurpose localgovernment or governments, ora regional agency designated by the State orgeneralpurpose localgovernments for suchpurpose) will have adequatepersonnel, funding, andauthority underState (and, as appropriate, local) law to carry outsuch The November 19,2012memo from Assistant Director Gina McCarthy states, "a SIP cannot be deemed deficient for failing to meet the good neighbor obligation before the EPA quantifies that obligation." Based upon the most recent quantification of Nebraska's downwind contribution to nonattainment or maintenance ofozone, Nebraska's largest contribution was 0.2 ppb, which is 

### :4 ofthe level that the EPA utilized for CSAPR in identifying states with significant downwind ozone contributions.

Under Section 110(a)(2)(D(i)(II), Chapter 19 ofTitle 129 contains Nebraska's "Prevention ofSignificant Deterioration of Air Quality (PSD)" program. The program ensures that Nebraska does not interfere with measures required by any other state to prevent significant deterioration ofair quality. Additionally, Chapter 13, Section 002 ofTitle 129 specifies that the NDEQ shall give notice to any affected ofthe intention to issue a Class I permit.

The NDEQ also addresses the protection ofvisibility through the Regional Haze SIP which was submitted to EPA on June 30,2011 and received partial approval on July 6, 2012. Sections 81-1501 through 81-1507 ofthe "Nebraska Environmental Protection Act" included in the Revised Statutes ofNebraska allow for adequate personnel, funding, and authority to carry out the approved State Implementation Plan. Section 81-1503 ofthe Revised Statutes ofNebraska specifies the requirements for the Nebraska Environmental Quality Council (EQc).

Section 128 ofthe Clean Air Act is not applicable in Nebraska
as the EQC does not approve permits or enforcement orders.§110 (a)(2)(F) implementationplan (and is notprohibited byany provision of Federal or State lawfrom carrying out such implementationplan orportion thereof),
(ii) requirements that the State complywith the requirements respecting State boards under section 128, and
(iii) necessary assurances that, where the State has relied on a local or regional government, agency, or instrumentality for the implementation of

anyplanprovision, the State has responsibility for ensuringadequate implementation of suchplan provision;

require, as may beprescribedbythe Administrator-
(i) the installation, maintenance, and replacement of

equipment, andthe implementation of other necessarysteps, by owners oroperators of All permits and enforcement orders are issued by the NDEQ Director or their designee. Section 81-1503 (7) ofthe "NebraskaEnvironmental Protection Act" limits the scope of the EQC's authority with regards to the administration ofthe NDEQ to submitting a list ofcandidates to the Governor from whichthe Governor will select a Director for the NDEQ. Once appointed bythe Governor, the Director becomes a contracted state employee and is not accountable to the EQC.
Chapter 7 ofTitle 115, "NebraskaRules ofPractice and Procedure", included in the approved Nebraska State Implementation Plan, identifies the process ofhandling contested casehearings. Contested case hearings are administeredby the Director or an appointed Hearing Officer. The EQC is not involved in the process. Please see the attached "NDEQ Delegation Matrix".

The Nebraska Department ofEnvironmental Quality designates authority through an EPA-approved delegation agreement to the Omaha Air Quality Control for the city ofOmaha and Lincoln-Lancaster County Health Department for Lancaster County for permitting and enforcement ofSIP requirements. The NDEQ also designates authority to the Douglas County Health Department for the administration ofthe air quality monitoring network in Douglas County. Please see the attached "DCHD

- City ofOmaha Contract" and "LincolnLancaster County Contract". Section 81-1505 (12)(0) ofthe "NebraskaEnvironmental Protection Act" included in the Revised Statutes ofNebraska specifies that the Nebraska Environmental Quality Council shall adopt and promulgate rules and regulations for air pollution control which shall include requirements for owner or operator testing and monitoring ofemissions. Chapter 8,stationarysources to monitor emissions from such
sources,
(ii) periodic reports on the nature andamounts of emissions andemissions-related datafrom such
sources, and
(iii) correlation of such reports by the State agency with any emission limitations orstandards establishedpursuant to theAct, which reports shall be available at reasonable times forpublic inspection; section 004 ofTitle 129 ofthe Nebraska Administrative Code requires that each Title V permit specify the necessary methods oftesting andrequirements concerning the use, maintenance, and installation ofmonitoring equipment. Chapter 19, section 020 ofTitle 129 states the requirements for air quality analysis to be conducted byPrevention ofSignificant Deterioration construction permit applicants, including pre-application and post-construction monitoring.

81-1505 (12)(1) ofthe Revised Statutes ofNebraska states that the Nebraska Environmental Quality Council shall adopt provisions for periodic reporting ofemissions and Chapter 6 of Title 129 provides the requirements for emissions reporting, including operations that are required to submit reports and the frequency ofthe reports. 81-1504 (15)(a) ofthe Revised Statutes ofNebraska provides the DEQthe authority to require access to existing and available records relating to (i) emissions or discharges which

cause or contribute to air, land, or water pollution or (ii) the monitoring ofsuch emissions or discharges. Chapter 35 of Title 129 specifies the reporting requirements for excess emissions from any source.

81-1505 (16) ofthe Revised Statutes ofNebraska specifies that the person responsible for operating any air contaminant source ofwhich the rules and regulations require reporting shall make reports available containing information as may be required by the department concerning the quality and quantity of discharges and emissions, location, size, and height of contaminant outlets, processes employed, fuels used, and the nature and time periods or duration ofdischarges and emissions, and such other information as is relevant to airpollution. Chapter 7, section 004 ofTitle 129 details that emissions data shall not be entitledto confidential protection. Chapter 19, section 024.04 ofTitle 129 requires that all information that must be maintained by a source for their Prevention ofSignificant Deterioration Permit be available to the general public.

. §110 (a)(2)(G) provide for authority comparable to that in section Chapter 38 ofTitle 129 ofthe Nebraska Administrative Code 303 and adequate contingencyplans to implement provides for the authority specified in section 303 ofthe Clean such authority; Air Act. Appendix I ofTitle 129 specifies the actual

! emergency plan. §110 (a)(2)(H) provide for revision of suchplan- Sections 81-1501 through 81-1532 ofthe "Nebraska Environmental Protection Act" included in the Revised (i) from time to time as may be necessary to take Statutes ofNebraska authorizes the NebraskaEnvironmental account of revisions of such nationalprimary or Quality Council to adopt changes to the State Implementation secondary ambient airqualitystandardor the Plan as necessary. It adopts such changes in accordance with availability of improved ormore expeditious Nebraska's Administrative Procedures Act, sections 84-901 methods of attainingsuch standard, and through 84-932 oftheRevised Statutes ofNebraska.
(iO except asprovided inparagraph (3)(C), All areas ofNebraska are classified as whenever theAdministrator finds on the basis of "unclassifiable/attainment" for 2008 ozone 8-hour standard and information available to theAdministrator that the therefore Nebraska has not been required to revise the State plan is substantially inadequate to attain the Implementation Plan. national ambient air quality standardwhich it implements or to otherwise comply with any additional requirements established under this Act; §110 (a)(2)(I) in the case of aplan orplan revision for an area Chapter 17, section 013 ofTitle 129 ofthe Nebraska designated as a nonattainment area, meet the Administrative Code specifies the requirements for applicable requirements of partD (relating to construction or modification ofsources in nonattainment areas. nonattainment areas); At this time, all ofNebraska is classified as "unclassifiable/attainment" withregards to the 2008 ozone 8-hourNAAQS and therefore the provisions ofChapter 17,section --013 have not been utilized. Please see the attached "Nebraska Ozone Attainment Designation Letter". §110 (a)(2)(J) meet the applicable requirements of section 7421

. of

this title (relating to consultation), section 7427 Section 81-1504 (3) ofthe "NebraskaEnvironmental Protection Act" included in the Revised Statutes ofNebraska of this title (relating topublic notification), and allows theNebraska Department ofEnvironmental Quality part C of this subchapter (relating toprevention (NDEQ) to advise, consult, cooperate, and contract with of

significant deterioration of air quality and affected groups and political subdivisions and Section 81-1504 visibilityprotection); (18) specifies that the NDEQ shall provide consultation to local units ofgovernment. Section 81-1504 (6) ofthe Revised Statutes ofNebraska states that the NDEQ is to collect and disseminate information and conduct educational and training programs relating to air, water, and land pollution and the prevention, control, and abatement ofsuch pollution. The NDEQ regularly updates the Air Division website, www.deq.state.ne.us, with fact sheets and guidance documents. The Grants, Planning, and Outreach Unit moderates the Air QualityListserv. The Listserv is used to provide regularupdates on information and developments relating to air quality compliance. The NDEQ releases an annual report entitled Annual Report to the Legislature. See the attached "Annual Report to the Legislature 2012". This report is available to the public from the NDEQ website. Chapter 19 ofTitle 129 oftheNebraska Administrative Code details Nebraska's "Prevention ofSignificant Deterioration of Air Quality" program and Chapter 43 contains Nebraska's "Visibility Protection" regulations. Nebraska also continues to participate in the Central States Regional Air Resources Agencies (CENSARA) consortium. This group is a regional group ofstates who manage air quality resources. They will facilitate working with other regional groups on visibility related matters.§110 (a)(2)(K) provide for- Title 129, Chapter 17, sections 007-009 and Chapter 19, section 019 ofthe Nebraska Administrative Code detail the (i) theperformance of such airqualitymodeling modeling requirements for Nebraska's State and Federal

as theAdministratormayprescribe for thepurpose Construction Permitting programs respectively. of

predicting the effect on ambient air quality of any emissions of any airpollutant for which the 81-1527 ofthe "NebraskaEnvironmental Protection Act" Administrator has establisheda national ambient included in the Revised Statutes ofNebraska identifies policies air qualitystandard, and for the availability ofrecords and specifies that all records shall be available for public inspection except for confidential (ii) the submission, upon request, of data related records. Additionally, the Administrator or Regional to such air quality modeling to theAdministrator; Administrator ofthe Environmental Protection Agency or his
or her delegates shall have availability to inspect the confidential records ofthe department concerning a given

source. This includes any datarelated to air quality modeling. §110 (a)(2)(L) require the owner or operator of each major The requirement for each major stationary source to pay fees stationarysource topay to thepermitting sufficient to cover all reasonable direct and indirect costs ofthe authority, as a condition of anypermit required developing and administering the air permitting program is under thisAct, afee sufficient to cover- detailed in Title 129, Chapter 29 ofthe Nebraska Administrative Code. Section 81-1505.04 ofthe "Nebraska (i) the reasonable costs of reviewingandacting Environmental Protection Act" provides the authority for the upon any applicationfor such apermit, and NDEQ to collect emission fees.
(iO 

### if the owneroroperator receives apermit for such source, the reasonable costs of implementing and enforcing the terms andconditions of any such permit (not includingany court costs orother costs associatedwith any enforcement action), untilsuchfee requirement is supersededwith respect to such sources by the Administrator's approval of afeeprogram undersubchapter Vof this chapter; and §110 (a)(2)(M) provide for consultation and participation by local Section 81-1504 (3) ofthe "Nebraska Environmentalpoliticalsubdivisions affectedby theplan. Protection Act" included in the Revised Statutes ofNebraska allows theNDEQ to advise, consult, cooperate, and contract with affected groups and political subdivisions. Section 81-1504 (18) specifies that the NDEQ shall provide technical assistance and consultation to local units ofgovernment and encourage them to handle airpollution issues in their jurisdiction.

www.DEQ.state.NE.US Home Page Security, Privacy & Accessibility Policy

For more information, contact Morelnfo@NDEQ.state.NE.U5 Nebraska Department of Environmental Quality 1200 "N" Street, Suite 400 P.O. Box 98922 lincoln, Nebraska 68509 (402) 471-2186 FAX (402) 471-2909 Nebraska.gov