Response to Comments for the Proposed Nebraska Cross-State Air 

Pollution Rule State Implementation Plan 

On February 19, 2015, the Nebraska Department of Environmental Quality (NDEQ) 

issued a public notice that the NDEQ was accepting comments on the proposed State 

Implementation Plan (SIP) to replace the Environmental Protection Agency’s (EPA) 

Federal Implementation Plan (FIP) for the allocation of 2016 emission allowances to 

power plants under the EPA’s Cross-State Air Pollution Rule (CSAPR). The comment 

period closed on March 23, 2015. The NDEQ provided the opportunity for a public 

hearing if requested by the close of the comment period. As no request for a public 

hearing was received by the close of comment period, the public hearing was cancelled. 

The following is a response to the comments received during the comment period. The 

NDEQ appreciates the feedback from those who provided input into the process. 

Comment #1:

A comment was received concerning a unit that is subject to CSAPR but is classified as 

a “new unit”. The commenter acknowledged that it was a new unit and would receive its 

allocations from the New Unit Set Aside account, but asked if the public notice should 

include the New Unit Set Aside allocations for this unit? 

Response: 

The proposed CSAPR SIP does not allocate allowances for units that receive their 

allowances from the New Unit Set Aside account. The New Unit Set Aside allowances 

are distributed by the EPA for 2016. If Nebraska decides to submit a SIP to replace the 

FIP in 2017 and beyond, the state will be in control of the allowances in the New Unit 

Set Aside account and could distribute them accordingly. 

Comment #2:

Two commenters noted that the allocations in the proposed SIP were identical to the 

allocations in the proposed FIP. 

Response: 

NDEQ is aware that the allocations in the proposed SIP are identical to the allocations 

in the proposed FIP. In consultation with Nebraska electric generators that are subject 

to CSAPR, it was decided that although the electric generators did not dispute the 

fairness of the EPA’s allocations in the FIP, the state wanted to maintain authority over 
the allocation process. Therefore a SIP was developed utilizing the allocations from the 

FIP. If Nebraska continues to utilize a SIP in future years for CSAPR allocations, the 

state, in consultation with the subject electric utilities, will determine whether the 

allocation formula should be amended and how the New Unit Set Aside allocations will 

be utilized. 

Comment #3:

One comment was received that identified a potential typographical error in the public 

notice. In describing which electric utilities are subject to CSAPR in the public notice, it 

stated that CSAPR “... limits the emissions of sulfur dioxide and nitrogen oxides from 

electric generators with a nameplate capacity of 25 MWe and producing power for sale”. 

The commenter noted that CSAPR only applies to “Any stationary, fossil –fuel- fired 

combustion turbine serving at any time, on or after January 1, 2005, a generator with a 

nameplate capacity of more than 25 MWe producing electricity for sale”. 

Response: 

The commenter is correct that this was a typo. The CSAPR SIP is only for electric 

generators with a nameplate capacity of more than 25 MWe, not electric generators of 

25 MWe.