Certification that Nebraska's State Implementation Plan (SIP) Meets the Infrastructure SIP Requirements for the 2010 Sulfur Dioxide

1

-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 Ai** **r Act**  **Section State**  **Implementation Plan**  **Requirement**



### Section 110(a}(2): Each implementation plan submitted by a state under this chapter shall be adopted by the State after reasonable notice and public hearing. Eachplan shall: **Nebraska Evidence**  **of Compliance** 

§110 (a)(2)(A) 

### include enforceable emission limitations and

other control measures, means, or techniques (including economic incentives such asfees, marketable permits, and auctions ofemissions rights), as well as schedules and timetablesfor compliance, as may be necessary or appropriate to meet the applicable requirements ofthis Act; Section 81

-1504 of the "Nebraska Environmental Protection Act" specifies that the Nebraska Department of Environmental Quality {NDEQ) has the power and duty to develop programs for the prevention, control, and abatement of new and existing sources of air pollution. Section 81

-1505 specifies that the Nebraska Environmental Quality Council (EQC) is charged with the adoption and promulgation of rules and regulations which set air quality standards within the state.
The 2010 Sulfur Dioxide 

### (502) 1

-hour standard specified in 40 CFR Part 50.17 is proposed for adoption in Nebraska at Title 129, Chapter 4,section 002 of the Nebraska Administrative

### Code. The NDEQ anticipates that the 2010 S02 1

-hour standard will be incorporated into Title 129 after the June, 2013 hearing of the Nebraska Environmental Quality Council. 40 CFR Part 50,AppendixT is planned for adoption into the Nebraska Administrative Code in conjunction with the incorporation of the 2010 S02 1

-hour standard and will be the methodology utilized in determining the 1

-hour concentrations of S02

. On June 1 ,2011 ,the NDEQ submitted a designation recommendation of "unclassifiable" for the entire state of Nebraska. On February 6,2013,the NDEQ received a letter from the Region VII administrator, Karl Brooks, notif

ying the NDEQthat no violations ofthe standard were identified, but the EPA is deferring designation action in Nebraska until further information can be gathered based upon the implementation strategy. Please see the attached "Nebraska S02 Designation Request" and "Nebraska S02 Deferred Action Letter".
Provisions under Title 129, Chapter 17,section 007 specifies that the Department require sufficient information in construction permit applications to determine if new or modified sourceswill interfere directly or indirectly with attainment or maintenance of National Primary or Secondary Ambient Air Quality Standards. Nebraska adopted the appropriate significance thresholds for sulfur dioxide {40 tons

### per year) in Title 129,Chapter 19, section 010.03.

§110 (a)(2)(B) 

### provide forestablishmentandoperation of

appropriate devices, methods, systems, and procedures necessary to

- (i) monitor

, compile, andanalyze data on ambientair quality

, and (ii) 

### upon request

, make such information available to the Administrator; Nebraska complies with 40 CFR Part 50, AppendixT with regards to the appropriate regulatory monitoring, compiling, and analysis of data on ambient air quality, relative to the 2010 S02 

### 1

-hour NAAQS.
The ambient air monitoring network plan is developed and administered by the NDEQ Monitoring and Emissions Inventory Unit. Three agencies are involved in the day

-to

day operation ofthe ambient monitoring network (NDEQ. lincoln/Lancaster County Health Department, and Douglas County Health Department). Nebraska currently monitors S02 

### at two sites, both located in the Omaha MSA,with one site being the Omaha NCore site. Nebraska does not intend to utilize more monitoring sites unless required under the EPA's 2010 1

-hour S02 

### implementation strategy.
The timely submission of data into the Air Quality System (AQS) database is addressed in Appendix D ofthe ambient air monitoring network plan. Please see the attached "Nebraska 2012 Ambient Air Monitoring Network Plan" and the "2012 Nebraska Ambient Air Quality Monitoring Plan Approval."
81

-1527 ofthe "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 ofthe Environmental Protection Agency or his or her delegates have availability to inspect the confidential records of the department concerning a given source. §110 (a)(2)(C) 

### include a program to providefor the enforcement

ofthe measures described in subparagraph ( A ), and regulation ofthe modification and construction ofany stationary source within the
areas covered by the plan as necessary to assure that national ambient airquality standards are achieved, including a permit program as required in parts C and D ofthis subchapter; 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(12)(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 NebraskaAdministrative 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. At this time, Nebraska has no areas identified as nonattainment with regards to the 2010 

### SOz 1

-hour NAAQS, but the designation for Nebraska has been deferred and

--

### - therefore the provisions of Chapter 17, section 013 have not been utilized. Please see the attached "Nebraska S02 Designation Request" and "Nebraska S0 2 Deferred Action letter".
Facilities located within lancaster County are required to obtain construction permits from the lincoln/lancaster County Health Department (llCHD). Facilities within the City limits of Omaha are required to obtain construction permits from Omaha Air Quality Control (OAQC). §110 (a)(2)(D) 

### contain adequate provisions

-

(i) prohibiting, consistent with the provisions of Title I, any source or other type ofemissions 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 airquality standard, or (II} interfere with measures required to be included in the applicable implementation plan for any other State under part C to prevent The NDEQ is awaiting further guidance from the EPA to I determine ifthere are any applicable emissions from Nebraska which may significantly contribute to nonattainment in, or interfere with maintenance by,any other State with respect to the NAAQS. Additionally, per the November 19, 2012 memo from Gina McCarthy titled "Next Steps for Pending Redesignation Requests and State Implementation Plan Actions Affected by the Recent Court Decision Vacating the 201 1Cross

-State Air Pollution Rule", "I would also like to note that the recent CSAPR decision

...

states that a SIP cannot be deemed deficient for failing to meet the good neighbor obligation before the EPA quantifies that obligation

... Therefore, at this time the EPA does not intend to make findings that states failed to submit SIPs to comply with section 110(a)(2)(D)(i)(l). To the

### significant deterioration ofairquality or to protect visibility, (ii) 

### insuring compliance with the applicable requirements ofsection 126 and 115 (relating to interstate and international pollution abatement

); extent states may inquire about their obligations to submit SIPs addressing this provision,we believe it would be appropriate to convey that at this time we do not intend to make such findings with respect to section 110(a){2){D)(i){l}." As the EPA has not, as of this date, provided guidance on identifying or defining Nebraska's contribution of S02 to any other state(s),the NDEQ cannot address §110(a)(2)(D)(i}(l} at this time. Please see the attached "Gina McCarthy 2011 Cross

-State Air Pollution Rule Vacature Memo".
Section 110(a}(2}(D(i}(ll}, 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 state of the intention to issue a Class I permit. §110 (a}(2}(E) 

### provide

(i) 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 localgovernments Sections 81

-1501through 81

-1507 ofthe "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

### forsuch purpose) will have adequate personnel, Nebraska Environmental Quality Council (EQC}. 

### funding, and authority under State (and, as appropriate, local) law to carry out such Section 128 (a)(1) of the Clean Air Act is not applicable in 

### implementation plan (and is not prohibited by Nebraska as the EQC does not approve permits or 

### any provision ofFederal orState lawfrom enforcement orders. All permits and enforcement orders are 

### carrying out such implementation plan orportion issued by the NDEQ Director or their designee. Section 81

- 

### thereof), 1503 (7) of the "Nebraska Environmental Protection Act" limits the scope of the EQC's authority with regards to the 

### (ii) 

### requirements that the State comply with the administration of the NDEQ to submitting a list of candidates 

### requirements respecting State boards under to the Governor from which the Governor will select a 

### section 128, and Director for the NDEQ. Once appointed by the Governor,the Director becomes a contracted state employee and is not 

### (iii) 

### necessary assurances that, where the State accountable to the EQC. 

### has relied on a local or regional government, agency, or instrumentalityfor the Section 128 (a)(2) of the CAA applies to the head of an 

### implementation ofany plan provision, the State executive agency with similar powers as a state board. 

### has responsibility forensuring adequate Therefore, the conflict of interest clause in Section 128 (a)(2) 

### implementation ofsuch planprovision; is pertinent. The conflict of interest requirements that are applicable to the NDEQ are specified in section 49

-1493{13) of the "Nebraska Political Accountability and Disclosure Act" and in Chapter 2 of "Title 4

- Nebraska Accountability and Disclosure Commission". The conflict of interest clauses apply to the Director, Deputy Directors, and Air Quality Division Administratorof the NDEQ. Please see the attached "Nebraska Political Accountability and Disclosure Act" and "Title 4

- Nebraska Accountability and DisclosureCommission." 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 "Lincoln

-Lancaster County Contract". §110 (a)(2)(F) 

### require, as may be prescribed by the

Administrator

- (i} 

### the installation, maintenance, and replacement ofequipment, and the Section 81

-1505 (12)(o) ofthe "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 ownerI 

### implementation ofothernecessarysteps, by or operator testing and monitoring of emissions. Chapter 8, 

### owners oroperators of

stationary sources to section 004 of Title 129 of the Nebraska Administrative Code 

### monitor emissionsfrom such sources, requires that each Title V permit specify the necessary methods of testing and requirements concerning the use, 

### (ii)periodicreports on the natureandamounts of maintenance, and installation of monitoring equipment. I 

### emissions andemissions

-related datafrom such Chapter 19, section 020 of Title 129 states the requirements 

### sources, and for air quality analysis to be conducted by Prevention of 

### (iii) 

### correlation ofsuch reports by the State Significant Deterioration construction permit applicants, 

### agency with any emission limitations or including pre-application and post

-construction monitoring. 

### standards establishedpursuant to the Act, which 81

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

### reports shallbe available at reasonable timesfor that the Nebraska Environmental Quality Council shall adopt 

### public inspection; 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 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 of such emissions or discharges. Chapter 35 of Title 129 specifies the reporting requirementsfor excess emissions from any source.
81

-1505 (16) of the Revised Statutes of Nebraska specifiesthat 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, I 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) 

### providefor authority comparable to that in

section 303 and adequate contingency plans to implementsuch authority; Chapter 38 of Title 129 of the Nebraska Administrative Code provides for the authority specified in section 303 of the Clean Air Act. Appendix I of Title 129 specifies the actual emergency plan. §110 (a)(2)(H) 

### provideforrevision ofsuch plan

-

(i) 

### from time to time as may be necessary to take account ofrevisions ofsuch national primary or secondary ambient airquality standard or the availability ofimproved or more expeditious Sections 81

-1501through 81

-1532 of the "Nebraska Environmental Protection Act" included in the Revised Statutes of Nebraska authorizes the Nebraska Environmental Quality Council to adopt changes to the State Implementation Plan as necessary. It adopts such changes in accordance with Nebraska's Administrative Procedures Act,

### methods ofattaining such standard, and (ii) except as providedin paragraph (3}(C}, whenever the Administrator finds on the basis of information available to the Administrator that the plan is substantially inadequate to attain the national ambient airquality standard which it implements or to otherwise comply with any additional requirements established under this Act; sections 84

-901through 84

-932 of the Revised Statutes of Nebraska.
At this time,the EPA has not identified any areas in Nebraska as non-attainment with regards to the 2010 S02 1

-hour NAAQS and since the designation for Nebraska has been deferred by the EPA,the NDEQ has not been required to revise the State Implementation Plan.

§110 (a)(2)(1) 

### in the case ofa plan orplan revision for an area

designated as a nonattainment area, meet the applicable requirements ofpart D (relating to nonattainment areas

); Chapter 17, section 013 of Title 129 ofthe Nebraska Administrative Code specifies the requirements for construction or modification of sources in nonattainment areas. At this time, the EPA has not identified any areas in Nebraska as non-attainment with regards to the 2010 S02 1

- hour NAAQS and therefore the provisions of Chapter 17, section 013 have not been utilized. Please see the attached "Nebraska S02 Designation Request" and "Nebraska S02 Deferred Action Letter". §110 (a)(2)(J) 

### meet the applicable requirements ofsection 7421

ofthis title (relating to consultation}, section 7427 ofthis title (relating to public notification ), and part C ofthis subchapter (relating to prevention ofsignificant deterioration ofair Section 81

-1504 (3) ofthe "Nebraska Environmental Protection Act" included in the Revised Statutes of Nebraska allows the Nebraska Department of Environmental Quality (NDEQ) to advise,consult, cooperate, and contract with affected groups and political subdivisions and Section 81

-

### quality and visibilityprotection ); 1504 (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 Re1;2ort 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) 

### providefor

- Title 129, Chapter 17,sections 007

-009 and Chapter 19, section 019 of the Nebraska Administrative Code detail the 

### (i) the performance ofsuch airquality modeling modeling requirements for Nebraska's State and Federal 

### as the Administrator may prescribefor the Construction Permitting programs respectively. 

### purpose ofpredicting the effect on ambient air quality ofany emissions ofany airpollutant for 81

-1527 ofthe "Nebraska Environmental Protection Act" 

### which the Administrator has established a included in the Revised Statutes of Nebraska identifies 

### national ambient airquality standard, and policies for the availability of records and specifies that all records shall be available for public inspection except for (ii) 

### the submission, upon request, ofdata related confidential records. Additionally,the Administrator or 

### to such airquality modeling to the Administrator; Regional 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 ofeach 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 

### authority, as a condition ofany permit required the developing and administering the air permitting program 

### under this Act, afee sufficient to cover- is detailed in Title 129, Chapter 29 ofthe Nebraska Administrative Code. Section 81

-1505.04 of the "Nebraska 

### (i) the reasonable costs ofreviewing and acting Environmental Protection Act" provides the authority for the

-- -- ---- ---

### upon any application forsuch a permit, and (ii) 

### ifthe owner or operator receives a permitfor such source, the reasonable costs of implementing and enforcing the terms and conditions ofany 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 V ofthis chapter; and NDEQto collect emission fees.

§110 (a)(2)(M) 

### prov

locaideforconsultation and participation by l politicalsubdivisions affected by the plan. Section 81

-1504 (3) ofthe "Nebraska Environmental Protection Act" included in the Revised Statutes of Nebraska allows the NDEQto 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.

-