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## MEMORANDUM

TO: Governor Dave Heineman
FROM: Mike Linder, Director

DATE: November 7, 2013
RE: Request for Approval of a Proposed Revision to Title 129 - Nebraska Air Quality Regulations

Attached for your review and approval are revisions to Title 129 of the Nebraska Administrative Code - Nebraska Air Q uality Regulations. Following a public hearing held in Sioux City, Nebraska on June 20, 2013, the Nebraska Environmental Quality Council (EQC ) approved these proposed amendments. The revisions were approved by the Atto rney General on Oct ober 29, 2013. The items identified in the Final Agency Checklist are also attached. Additional information is provided below in narrative form pursuant to Executive Order 95-6.
A. Short Description - A short descr iption of the major and substantive provisions of the revised regulations:
The adopted changes were in Chapters 1, 4, 19, 22, and 28. The most significant changes were replacing the listing of exempt Volatile Organic Compounds (VOCs) with the appropriate reference to the Code of Federal Regulations (CFR), updating the ambient air quality standards, and updating the CFR reference in Chapter 28. The remainder of the changes were primarily formatting and grammatical corrections.
B. Rationale for Adoption – A description of the need for the proposed chapter or amendment, and a description of the effects it will have if promulgated:
The list of exempt VOCs was replaced with the CFR reference as the listing in Chapter 1 was extensive, out dated, and difficult to maintain.2 Replacing the list with the CFR referenc e ensures that the list will remain updated and available to sources. T he ambient air quality standards were updated to replicate the cu rrently applicable federal standards. Updating the reference to the CFR in Chapter 28 clarifies that all amendments to the federal emission standards fo r hazardous air pollutants are incorporated into Title 129 and ensu res that the NDEQ maintains their delegation.
C. General Impact – A description of the classes of persons who may be affected by the proposed chapter, and how they may be affected. This should be included even if the affe cted persons did not appear at the hearing.

The effects to individuals and industri es in Nebraska are expected to be minimal. The amendments to Titl e 129 were already applicable in Nebraska as they were federal regul ations. The incorporation of the proposed changes clarified that the NDE Q maintains the delegation of the programs.
D. Public Hearing (who testifi ed, position and major comments)
At the public hearing on June 20, 2013 no testimony was presented and no comments were received other than the informational testimony presented by the NDEQ. Electronic comments were submitted by the Lyondell Chemical Company and the American Coatings Association regarding the proposed changes to exem pt VOCs in Chapter 1. The Association of Nebraska Ethanol Pr oducers (ANEEP) provided supportive testimony at the hearing. No furt her comments were presented. The proposed changes were adopted exactly as they had been public noticed.
E. Efforts to address issues of groups or individuals who have commented: Are the comments incorporated into the final regulations? If yes, which issues? If not, why not? Include resu lts of negotiated rulemaking if applicable.

The sole issue raised concerned t he proposed changes to the exempt VOCs in Chapter 1 from the Ly ondell Chemical Company and the American Coatings Association. Their issue concerned a partial exemption for t-butyl acet ate that was currently in Title 129 but was not reflected in the referenced section of the CFR that replaced the listing of exempt VOCs. This partial exemption was specified in a separate section of the CFR. The exclusion of the exemption could have a minimal effect3 on a small group of sources in Nebra ska, but the exemption would still be applicable as it is identified in the CFR. To clarify this issue, the NDEQ is proposing an amendment to the CFR reference in Chapter 1 for the February, 2014 EQC meeting to incl ude this partial exemption.
F. Fiscal Impact
No additional fiscal impact is expected.
G. FTE Impact
There is no anticipated necessity fo r additional staffing by implementing these revisions.

H. Unfunded Mandates

There are no unfunded mandates with regards to these revisions.
I. Issues of Unique Interest
There are no issues of unique interest.
If you have any questions or comments, please do not hesitate to contact the NDEQ Legal Counsel or myself.

Checklist: (To be completed by Go vernor’s Policy Research Office)
30 day notice of hearing/waiver Affidavit of Publication Copy of Notice to Secretary of St ate and Executive Board of Legislative Council Agency Director’s Certificate of Adoption Four Copies of Proposal and One Working Copy Attorney General Stamp of Approval on First and Last Pages Concise Explanatory Stat ement (including any description of changes) Final Fiscal Impact Statement (inc luding any description of changes) Negotiated Rulemaking Notice, if applicable Regulations on Diskette (or filed electronically) Memorandum to the Governor with Checklist and Information