DECLARATION OF KEITH OLSEN, NEBRASKA FARM BUREAU ]

I, Keith Olsen , do hereby declare under the penalty of perjury, pursuant to 28 U.S.C. § 1746, as follows: 1. I am President of Nebraska Farm Bureau Federation . In that role, I am the chief elected officer for the organization representing its members on a variety of issues important to the betterment of agriculture and serve as the chief spokesman on agricultural issues to the media, legislative bodies and all other related and non

- related organizations to agriculture. 2. I have personal knowledge of the issues and activities referred to herein, except where stated on information and belief. If called upon to testify, I could and would testify truthfully thereto.
3. The purpose of this declaration i s to explain the irreparable harm that will result to the members of Nebraska Farm Bureau if EPA’s rule, “Federal I mplementation Plans: Interstate Transport of Fine Particulate Matter and Ozone and Correction of SIP Approvals,” 76 Fed. Reg. 48,208 (Aug. 8, 2011) (“ CSAPR Rule”), is permitted to take effect, and my belief that a stay of the effective date of the CSAPR Rule pending this Court’s review, is ne cessary to prevent significant harm.
4. Nebraska Farm Bureau Federation has roughly 55,000 members, man y of which are farmers and ranchers who own and operate farming and ranching operations in Nebraska. Energy in the form of electricity is a key production input on many fa rms and ranches. Nebraska leads the nation in number of acres irrigated with over 8 million of the state’s tillable acres under irrigation . A significant number of the acres under irrigation , both center pivot and gravity flow,

r ely on electricity to power irrigation pumps. Electricity is also used to power grain dryers and heat and co ol livestock facilities and other farm and ranch buildings. Natural gas is also used as

an energy input to power irrigation systems. Natural gas is also a principal component in theproduction of fertilizer in the United States. Nebraska is one of the n ation ’s top corn producing

states and farmers rely heavily on fertilizers in the production of corn. While many factors influence the price of fertilizer, the price of natural gas is a primary factor.
5. Upon information and belief, it is my understa nding t he CSAPR Rule makes drastic reductions to emissions from coal

- fired electrical generating units , which will require installation of expensive emission control technology, under an accelerated schedule which will require compliance by January 1, 2012

. 6. In response to the CSAPR Rule, upon information and belief, it is my understanding at least one municipality in the state of Nebraska has indicated its customers will see eight percent rate increases in each of the next three years to cover the cos ts of implementing controls

. 7. In addition, upon information and belief, it is my understanding a number of Nebraska’s public power providers will rely on natural gas generators to a much greater extent to meet the power needs of Nebraska’s citizens.
8

. Nebraska farmers and ranchers would receive a double economic jolt from implementation of the CSAPR Rule. First, any costs incurred by utilities and power districts to comply with the rule will be passed on to electricity consumers, including farmers and r anchers. As a result, Nebraska’s farmers and ranchers will incur higher input costs, in the form of higher

en ergy costs, to raise feed grains, oilseeds, and livestock

. To a large degree, farmers and ranchers cannot pass along these increased costs and mus t absorb them

. Second, Nebraska’s public power providers will rely on natural gas generators to a much greater extent to meet the power needs of Nebraska’s citizens . While many factors go into determining fertilizer prices, natural gas price is a pr incip al component. Greater demand from Nebraska’s public power
districts will push natural gas pr ices higher. Higher prices for natural gas will combine withother factors pushing fertilizer prices up , making it even more difficult for domestic fertilizer

man ufacturers and farmers in an increasingly competitive international market. Again, Nebraska’s farmers and ranchers would incur higher input costs and reduced profitability

. Need f or a Stay of the Transport Rule
9

. A stay of implementation of the CSAPR R u le is necessary to prevent irreparable harm
to the members of Nebraska Farm Bureau Federation , which will have a direct and immediate negative impact on the citizens of the State of Nebraska. I declare u nder penalty of perjury under the laws of the Unit ed States that the foregoing is true and correct. EXECUTED this 19th day of September, 2011 at 5225 South 16 th Street, Lincoln, Nebraska

.

________________________ _____ ___________________________________________________ Name