Carla Felix

Nebraska

PO Box 98

Lincoln, N

RE: Comm

Dear Ms. F

The Nebra

the Enviro

NICE is ma

on environ

significant

Before pro

Quality (N

open dialo

NDEQ’s go

As a result

While NIC

issues rais

issues are

and, exten

Incorporat

membersh

particulate

proposed,

permit pro

necessary

attachmen

Due to the

appropriat

workgroup

for addres

Again, NIC

129.  Pleas

402.489.1

Sincerely,

Shawn W.

Nebraska

Enclosure

x

Department o

8922

E 68509‐8922

ments on Propo

Felix:

aska Industrial

onmental Qua

ade up of appr

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t interest in th

oviding our co

DEQ) for the m

ogue between

oals while still

t of the above

E is in support

sed by NICE du

: inclusion of c

nding the “off

tion of CPM in

hip because it

e matter emis

, it only covers

ogram, or hav

due to the ND

nt to this lette

e importance

te regulatory

p to address v

ssing these iss

CE would like t

se direct any q

111.

Zablocki, Cha

Industrial Cou

of Environmen

2

osed Title 129

l Council on th

lity Council (E

roximately 17

ers. As an asso

he topics for w

omments, NICE

manner in wh

n the NDEQ an

providing ind

e process, NICE

t of the NDEQ

uring the stake

condensable p

permit chang

n the Title 129

will provide s

ssions of 10 m

s the operatin

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DEQ’s interpre

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and urgency o

language.  Du

various issues

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to thank the E

questions rela

airperson

uncil on Enviro

Feb

ntal Quality  

9 Changes, Feb

he Environme

QC) regarding

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of these issues

ring the stake

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EQC for this op

ated to these c

onment

ruary 4, 2014

bruary 6, 2014

nt (NICE) is ple

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ultitude of ind

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o commend th

osed regulation

ders has resu

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ds that the EQC

ss and the pro

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clarity in regar

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gram, meaning

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detail.

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eholder proces

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pportunity to c

comments to

4 EQC Hearing

eased to subm

d Title 129, Ne

epresenting Ne

dustries in Neb

being provided

he Nebraska D

n changes we

lted in propos

ey desire.

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oposed change

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o the definitio

15, Section 007

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to the definiti

he NDEQ belie

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reasoning and

to regulate CP

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of PM10 clear

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definition of “

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ermit record, s

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dling of CPM i

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prior to Janua

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program. NICE

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ty to regulate

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DEQ found it

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basis for whe

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hether to also

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federal regula

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would have be

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DEQ did not

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ry. NICE disagr

s them with th

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wever, the Titl

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to include the

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vision to the

input on the i

tion is no long

d with the par

of PM10 and

al regulation.

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29 would have

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ermine wheth

ndustry that th

mit, and that

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regulations th

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the Januar

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129 do no

If the NDE

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should not

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authority t

determine

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Nebraska

determina

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emissions

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matter sha

PM2.5 and

date shall

permit or

accounting

unless the

Off Permit

As discuss

enough an

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ry 1, 2011 cut

to whether pe

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and appropri

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than the feder

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to regulate CP

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and PM10 em

iculate matter

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not be based

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t Changes

ed in the cove

nd that it shou

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mits do and do

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essarily require

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e NICE comme

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adopted and

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uld not be put

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mplementation

er letter, NICE

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on permit. Tha

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tablished prio

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ty to establish

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ations made p

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ble particulate

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s established

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mits in their p

CPM emission

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stated: “With

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On or after Ja

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after January

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ief that the ND

making.  Howev

ty program co

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rm particulate

ed NSR Polluta

anuary 1, 201

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anuary 1, 2011

d in establishi

tations for PM

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erminations m

sidered in viola

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t made Chapte

le 129. Many

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dustry because

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tion needs to

1, 2011 includ

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trate complian

nnecessary vio

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ts, including c

A would believ

DEQ had the a

ver, the NDEQ

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ce the current

e matter”.

ant”, they are

11 cutoff date

s to be includ

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the federal la

tation that the

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ent actions or

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or activity, wh

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y the terms an

made prior to t

ation of Chapt

matter to be i

er 15, Section

sources in the

ch that they ar

e there will be

DEQ to arbitra

be included in

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nce with the P

olation and

A Region VII

ondensable

ve this authori

authority to

Q administrati

GHGs.  NICE

definitions in

being much m

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ed in Title 129

ount for CPM

nguage.  If the

ey have the

od faith, to

historical PSD

aken lightly an

D applicability

the requirem

ollutant”:  “PM

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limitations fo

issued prior to

nd conditions o

this date with

ter 19 this sec

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re not require

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ity

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also like to

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Section 00

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rmit changes

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NICE believes

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r cause, NDEQ

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allow sources

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provision was

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DEQ was able t

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ting permit.  

he NDEQ state

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find it necess

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ruction permit

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er 19, and the

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e provisions.

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ange a source

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