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

Air 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. Each plan shall:

Nebraska Evidence of Compliance

§110 (a)(2)(A) include enforceable emission limitations and 

other control measures,means, or techniques 

(including economic incentives such as fees, 

marketable permits, and auctions of emissions 

rights), as well as schedules and timetables for 

compliance, as may be necessary or appropriate 

to meet the applicable requirements of this Act;

Section 81-1504 of the "Nebraska EnvironmentalProtection 

Act" specifies that the Nebraska Department of 

EnvironmentalQuality {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,Appendix T 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,notifying 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 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 sulfur dioxide {40 tons
per year) in Title 129,Chapter 19,section 010.03.

§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;

Nebraska complies with 40 CFR Part 50,Appendix T 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-today 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 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;

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 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.

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

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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".

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 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

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 2011Cross-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 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);

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 local governments

Sections 81-1501through 81-1507 ofthe "Nebraska

EnvironmentalProtection 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
for such 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 of Federal or State law from enforcement orders. All permits and enforcement orders are

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

thereof), 1503 (7) of the "Nebraska EnvironmentalProtection 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, orinstrumentality for the Section 128 (a)(2) of the CAA applies to the head of an

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

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

implementation of such plan provision; 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 Administrator of the NDEQ. Please see the attached 

"Nebraska Political Accountability and Disclosure Act" and 

"Title 4-Nebraska Accountability and Disclosure
Commission."

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 EnvironmentalQuality 

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 of equipment, and the

Section 81-1505 (12)(o) ofthe "Nebraska Environmental

Protection Act" included in the RevisedStatutes 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
I

implementation of other necessary steps, by or operator testing and monitoring of emissions. Chapter 8, 

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

monitor emissions from such sources, requires that each Title V permit specify the necessary

methods of testing and requirements concerning the use,

(ii) periodic reports on the nature and amounts of maintenance, and installation of monitoring equipment.

I emissions and emissions-related data from 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 of such reports by the State Significant Deterioration construction permit applicants,

agency with any emission limitations or

including pre-application and post-construction monitoring.

standards established pursuant to the Act, which 81-1505 (12)(1) of the Revised Statutes of Nebraska states 

reports shall be available at reasonable times for 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 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 

concerningthe 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) provide for authority comparable to that in 

section 303 and adequate contingency plans to 

implement such 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 Iof Title 129 specifies the actual 

emergency plan.

§110 (a)(2)(H) provide for revision of such plan-

(i) from time to time as may be necessary to take 

account of revisions of such national primary or 

secondary ambient air quality standard or the 

availability of improved or more expeditious

Sections 81-1501through 81-1532 of the "Nebraska

EnvironmentalProtection 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 of attaining such standard, and

(ii) except as provided in 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 air quality 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 of a plan or plan revision for an area 

designated as a nonattainment area, meet the 

applicable requirements of part 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 of section 7421 

of this title (relating to consultation}, section

7427 of this title (relating to public notification), 

and part C of this subchapter (relating to 

prevention of significant deterioration of air

Section 81-1504 (3) ofthe "Nebraska Environmental 

Protection Act" included in the RevisedStatutes of Nebraska 

allows the Nebraska Department of EnvironmentalQuality 

(NDEQ) to advise,consult, cooperate, and contract with

affected groups and political subdivisions and Section 81-
quality and visibility protection); 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) 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 Construction Permitting programs respectively.

purpose of predicting the effect on ambient air

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

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

national ambient air quality 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, of data related confidential records. Additionally,the Administrator or

to such air quality 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 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 

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

under this Act, a fee 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 of reviewing and acting Environmental Protection Act" provides the authority for the

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upon any application forsuch a permit, and

(ii) 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 V of this chapter; and

NDEQto collect emission fees.

§110 (a)(2)(M) prov 

loca

ide for consultation and participation by

l political subdivisions 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.

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