DECLARATION OF DENNIS BURLING 

Lancaster County ) 

) ss 

State of Nebraska ) 

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

true and correct: 

1. The facts stated herein are based on my personal knowledge unless stated 

otherwise. 

2. I am employed by the Nebraska Department of Environmental Quality as the 

Information Technology Manager. In my capacity as Information Technology Manager 

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

with the Department of Environmental Quality and Information Technology Section's 

procedures for submitting and placing public notices of significant events on the 

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 staff to 

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

the agency web pages. A record of this 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 automatically removed from the website are 

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

appears on the website. 

EXHIBIT 

1 
4. Public notice of the 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 on January 28,2013, and 

D. 2010 N02 Infrastructure SIP Hearing on January 28,2013. 

Subscribed and sworn to before me this Q day of January 2013, in Lincoln, 

Nebraska. 

GEIIERAl NOTARV-State of Nebraska 

KERRIE CARPENTER 

My Comm. Exp. Feb. 19,2016 

Notary Public 

2 
Submitted By Leena Pumel 

Date Submitted or Modified 12/27/2012 

Program Name Air Quality Division 

Public Hearing 

DEQ Facility Number 0 

Name of Applicant 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 of the 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.gov 
Public Notice Information 

Submitted By Leena Pumel 

Date Submitted or Modified 12127/2012 

Program Name Air Quality Division 

Public Notice 

DEQ Facilitv Number 0 

Name of Applicant 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) of the Federal Clean Air Act (CAA) as Amended in 1990 

Applicable Clean State Implementation Plan Requirement Nebraska Evidence of Compliance 

Air Act Section 

Section llO(a)(2): Each implementation plan 

submitted by a state under this chapter shall be 

adopted by the State after reasonable notice and 

public hearing. Each plan shall: 

§110 (a)(2)(A) include enforceable emission limitations and other Section 81-1504 of the "Nebraska Environmental Protection 

control measures, means, or techniques Act" specifies that the Nebraska Department of Environmental 

(including economic incentives such as fees, Quality (NDEQ) has the power and duty to develop programs 

marketable permits, and auctions of emissions for the prevention, control, and abatement of new and existing 

rights), as well as schedules and timetables for sources of air pollution. Section 81-1505 specifies that the 

compliance, as may be necessary or appropriate Nebraska Environmental Quality Council (EQc) is charged 

to meet the applicable requirements of this Act; with the adoption and promulgation of rules and regulations 

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, 

Chapter 4, section 005 of the Nebraska Administrative Code. 
§110 (a)(2)(B) provide for establishment and operation of 

appropriate devices, methods, systems, and 

procedures necessary to-

(i) monitor, compile, and analyze data on ambient 

air quality, and 

(ii) upon request, make such information 

available to the Administrator; 

The NDEQ anticipates that the 2008 ozone 8-hour standard 

will be incorporated into Title 129 after the March, 2013 

hearing ofthe Nebraska Environmental Quality Council. 40 

CFR Part 50, Appendix P is planned for adoption into the 

Nebraska Administrative Code in conjunction with the 

incorporation of the 2008 ozone 8-hour standard and will be 

the methodology utilized in determining the 8-hour 

concentrations of ozone. The entire state of Nebraska 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 if new or modified sources 

will interfere directly or indirectly with attainment or 

maintenance of National Primary or Secondary Ambient Air 

Quality Standards. Nebraska adopted the appropriate 

significance thresholds for ozone (40 tons of volatile 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 of data on ambient air quality, relative to the 2008 

ozone 8-hour NAAQS. 

The ambient air monitoring network plan is developed and 

administered by the NDEQ of the NDEQ Monitoring and 

Emissions Inventory Unit. Three agencies are involved in the 

day-to-day operation of the 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 a program to provide for the enforcement 

of the measures described in subparagraph (A), 

and regulation of the modification and 

construction of any stationary source within the 

areas covered by the plan as necessary to assure 

that national ambient air quality standards are 

achieved, including a permit program as required 

in parts C and D 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 of data 

into the Air Quality System (AQS) database is addressed in 

Appendix D. Please see the attached "Nebraska 2012 Ambient 

Air Monitoring Network Plan", "2011 Nebraska Ambient Air 

Quality Monitoring Plan Approval", and the "Nebraska Ozone 

Attainment Designation Letter". 

81-1527 of the "Nebraska Environmental Protection Act" 

included in the Revised Statutes of Nebraska identifies policies 

for the availability of records to the general public and specifies 

that the Administrator or Regional Administrator of the 

Environmental Protection Agency or his or her delegates have 

availability to inspect the confidential records of the 

department concerning a given source. 

Section 81-1504 of the "Nebraska Environmental Protection 

Act" included in the Revised Statutes of Nebraska details the 

measures available regarding the enforcement of subparagraph 

(A). Section 81-1505(l2)(a) provides the duty of adopting and 

promulgating a construction permit program to the EQC that 

requires the owner or operator of an air contaminant source to 

obtain a permit prior to construction. 

Chapter 19 of Title 129 of the Nebraska Administrative Code 

specifies the "Prevention of Significant Deterioration of Air 

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 of Title 129 

specifies the requirements for construction or modification of 

sources in nonattainment areas. 
§110 (a)(2)(D) contain adequate provisions-

(i) prohibiting, consistent with the provisions 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 national primary or 

secondary ambient air quality standard, or 

(II) interfere with measures required to be 

included in the applicable implementation plan for 

any other State under part C to prevent significant 

deterioration of air quality or to protect visibility, 

(ii) insuring compliance with the applicable 

requirements of section 126 and 115 (relating to 

interstate and international pollution abatement); 

At this time, all of Nebraska is in attainment with the 2008 

ozone 8-hour NAAQS and therefore the provisions of Chapter 

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 

of Omaha are required to obtain construction permits from 

Omaha Air Quality Control (OAQC). 

Nebraska does not contribute significantly to nonattainment in, 

or interfere with maintenance by, any other State with regards 

to the 2008 ozone 8-hour standard. Per 76 FR 48244 (Federal 

Implementation Plans: Interstate Transport of Fine Particulate 

Matter and Ozone and Correction of SIP Approvals; Final 

Rule)(CSAPR), the EPA stated that states "which contribute 

0.8 ppb or more to 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 FR 48236, "states 

whose contributions are below these thresholds do not 

significantly contribute or interfere with maintenance ofthe 

relevant NAAQS. Per 76 FR 48245, 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 by the 

US EPA under the CSAPR rule, Nebraska does not cause or 

contribute to any downwind nonattainment for ozone. 

Furthermore, as modeled by the US EPA for the CSAPR rule, 

Nebraska does not interfere with the 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 the Administrator deems appropriate, the 

general purpose local government or 

governments, or a regional agency designated by 

the State or general purpose local governments for 

such purpose) will have adequate personnel, 

funding, and authority under State (and, as 

appropriate, local) law to carry out such 

The November 19,2012 memo 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 of ozone, Nebraska's largest contribution was 0.2 

ppb, which is :4 of the 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 of Title 129 

contains Nebraska's "Prevention of Significant 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 of air quality. 

Additionally, Chapter 13, Section 002 of Title 129 specifies 

that the NDEQ shall give notice to any affected of the intention 

to issue a Class I permit. 

The NDEQ also addresses the protection of visibility 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 of the "Nebraska 

Environmental Protection Act" included in the Revised 

Statutes of Nebraska allow for adequate personnel, funding, 

and authority to carry out the approved State Implementation 

Plan. Section 81-1503 of the Revised Statutes of Nebraska 

specifies the requirements for the Nebraska Environmental 

Quality Council (EQc). 

Section 128 of the Clean Air Act is not applicable in Nebraska 

as the EQC does not approve permits or enforcement orders. 
§110 (a)(2)(F) 

implementation plan (and is not prohibited by any 

provision of Federal or State law from carrying 

out such implementation plan or portion thereof), 

(ii) requirements that the State comply with 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 any plan provision, the State has responsibility 

for ensuring adequate implementation of such plan 

provision; 

require, as may be prescribed by the 

Administrator-

(i) the installation, maintenance, and replacement 

of equipment, and the implementation of other 

necessary steps, by owners or operators of 

All permits and enforcement orders are issued by the NDEQ 

Director or their designee. Section 81-1503 (7) of the 

"Nebraska Environmental Protection Act" limits the scope of 

the EQC's authority with regards to the administration ofthe 

NDEQ to submitting a list of candidates to the Governor from 

which the Governor will select a Director for the NDEQ. Once 

appointed by the Governor, the Director becomes a contracted 

state employee and is not accountable to the EQC. 

Chapter 7 of Title 115, "Nebraska Rules of Practice and 

Procedure", included in the approved Nebraska State 

Implementation Plan, identifies the process of handling 

contested case hearings. Contested case hearings are 

administered by 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 of Environmental Quality designates 

authority through an EPA-approved delegation agreement to 

the Omaha Air Quality Control for the city of Omaha and 

Lincoln-Lancaster County Health Department for Lancaster 

County for permitting and enforcement of SIP requirements. 

The NDEQ also designates authority to the Douglas County 

Health Department for the administration of the air quality 

monitoring network in Douglas County. Please see the 

attached "DCHD - City of Omaha Contract" and "LincolnLancaster County Contract". 

Section 81-1505 (12)(0) of the "Nebraska Environmental 

Protection Act" included in the Revised Statutes of Nebraska 

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 of emissions. Chapter 8, 
stationary sources to monitor emissions from such 

sources, 

(ii) periodic reports on the nature and amounts of 

emissions and emissions-related data from such 

sources, and 

(iii) correlation of such reports by the State 

agency with any emission limitations or standards 

established pursuant to the Act, which reports 

shall be available at reasonable times for public 

inspection; 

section 004 of Title 129 of the Nebraska Administrative Code 

requires that each Title V permit specify the necessary methods 

of testing and requirements concerning the use, maintenance, 

and installation of monitoring equipment. Chapter 19, section 

020 of Title 129 states the requirements for air quality analysis 

to be conducted by Prevention of Significant Deterioration 

construction permit applicants, including pre-application and 

post-construction monitoring. 

81-1505 (12)(1) of the Revised Statutes of Nebraska states that 

the Nebraska Environmental Quality Council shall adopt 

provisions for periodic reporting of emissions and Chapter 6 of 

Title 129 provides the requirements for emissions reporting, 

including operations that are required to submit reports and the 

frequency of the reports. 

81-1504 (15)(a) of the Revised Statutes of Nebraska provides 

the DEQ the 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 of such emissions or discharges. Chapter 35 of 

Title 129 specifies the reporting requirements for excess 

emissions from any source. 

81-1505 (16) of the Revised Statutes of Nebraska specifies that 

the person responsible for operating any air contaminant source 

of which 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 of discharges and 

emissions, and such other information as is relevant to air 
pollution. Chapter 7, section 004 of Title 129 details that 

emissions data shall not be entitled to confidential protection. 

Chapter 19, section 024.04 of Title 129 requires that all 

information that must be maintained by a source for their 

Prevention of Significant Deterioration Permit be available to 

the general public. . 

§110 (a)(2)(G) provide for authority comparable to that in section Chapter 38 of Title 129 of the Nebraska Administrative Code 

303 and adequate contingency plans to implement provides for the authority specified in section 303 ofthe Clean 

such authority; Air Act. Appendix I of Title 129 specifies the actual 

emergency plan. ! 

§110 (a)(2)(H) provide for revision of such plan- Sections 81-1501 through 81-1532 of the "Nebraska 

Environmental Protection Act" included in the Revised 

(i) from time to time as may be necessary to take Statutes of Nebraska authorizes the Nebraska Environmental 

account of revisions of such national primary or Quality Council to adopt changes to the State Implementation 

secondary ambient air quality standard or the Plan as necessary. It adopts such changes in accordance with 

availability of improved or more expeditious Nebraska's Administrative Procedures Act, sections 84-901 

methods of attaining such standard, and through 84-932 ofthe Revised Statutes of Nebraska. 

(iO except as provided in paragraph (3 )(C), All areas of Nebraska are classified as 

whenever the Administrator finds on the basis of "unclassifiable/attainment" for 2008 ozone 8-hour standard and 

information available to the Administrator 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 standard which it 

implements or to otherwise comply with any 

additional requirements established under this 

Act; 

§110 (a)(2)(I) in the case of a plan or plan revision for an area Chapter 17, section 013 of Title 129 of the Nebraska 

designated as a nonattainment area, meet the Administrative Code specifies the requirements for 

applicable requirements of part D (relating to construction or modification of sources in nonattainment areas. 

nonattainment areas); At this time, all of Nebraska is classified as 

"unclassifiable/attainment" with regards to the 2008 ozone 

8-hour NAAQS and therefore the provisions of Chapter 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) of the "Nebraska Environmental 

Protection Act" included in the Revised Statutes of Nebraska of this title (relating to public notification), and allows the Nebraska Department of Environmental Quality part C of this subchapter (relating to prevention (NDEQ) to advise, consult, cooperate, and contract with of significant deterioration of air quality and affected groups and political subdivisions and Section 81-1504 visibility protection); (18) specifies that the NDEQ shall provide consultation to local 

units of government. 

Section 81-1504 (6) of the Revised Statutes of Nebraska 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 of such 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 Quality Listserv. The Listserv is used to 

provide regular updates 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 of Title 129 of the Nebraska Administrative Code 

details Nebraska's "Prevention of Significant 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 of states 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 of the Nebraska Administrative Code detail the 

(i) the performance of such air quality modeling modeling requirements for Nebraska's State and Federal 

as the Administrator may prescribe for the purpose Construction Permitting programs respectively. 

of predicting the effect on ambient air quality of 

any emissions of any air pollutant for which the 81-1527 ofthe "Nebraska Environmental Protection Act" 

Administrator has established a national ambient included in the Revised Statutes of Nebraska identifies policies 

air quality standard, and for the availability of records 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 the Administrator; Administrator of the Environmental Protection Agency or his 

or her delegates shall have availability to inspect the 

confidential records of the department concerning a given 

source. This includes any data related 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 

stationary source to pay to the permitting sufficient to cover all reasonable direct and indirect costs of the 

authority, as a condition of any permit required developing and administering the air permitting program is 

under this Act, a fee sufficient to cover- detailed in Title 129, Chapter 29 of the Nebraska 

Administrative Code. Section 81-1505.04 of the "Nebraska 

(i) the reasonable costs of reviewing and acting Environmental Protection Act" provides the authority for the 

upon any application for such a permit, and NDEQ to collect emission fees. 

(iO if the owner or operator receives a permit for 

such source, the reasonable costs of implementing 

and enforcing the terms and conditions of any such 

permit (not including any court costs or other 

costs associated with any enforcement action), 

until such fee requirement is superseded with 

respect to such sources by the Administrator's 

approval of a fee program under subchapter Vof 

this chapter; and 

§ 110 (a)(2)(M) provide for consultation and participation by local Section 81-1504 (3) of the "Nebraska Environmental 
political subdivisions affected by the plan. Protection Act" included in the Revised Statutes of Nebraska 

allows the NDEQ 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 of government and 

encourage them to handle air pollution 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