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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 Quality 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 Attorney General on October 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 description 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listing in Chapter 1 was extensive, outdated, and difficult to maintain. 
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Replacing the list with the CFR reference ensures that the list will remain 

updated and available to sources. The ambient air quality standards were 

updated to replicate the currently applicable federal standards. Updating 

the reference to the CFR in Chapter 28 clarifies that all amendments to 

the federal emission standards for hazardous air pollutants are 

incorporated into Title 129 and ensures 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 affected persons did not appear at the 

hearing. 

The effects to individuals and industries in Nebraska are expected to be 

minimal. The amendments to Title 129 were already applicable in 

Nebraska as they were federal regulations. The incorporation of the 

proposed changes clarified that the NDEQ maintains the delegation of the 

programs. 

D. Public Hearing (who testified, 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 exempt VOCs in Chapter 1. The 

Association of Nebraska Ethanol Producers (ANEEP) provided supportive 

testimony at the hearing. No further 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 results of negotiated rulemaking if 

applicable. 

The sole issue raised concerned the proposed changes to the exempt 

VOCs in Chapter 1 from the Lyondell Chemical Company and the 

American Coatings Association. Their issue concerned a partial 

exemption for t-butyl acetate 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 effect 
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on a small group of sources in Nebraska, 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 include this partial exemption. 

F. Fiscal Impact 

No additional fiscal impact is expected. 

G. FTE Impact 

There is no anticipated necessity for 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 Governor’s Policy Research Office) 

 30 day notice of hearing/waiver 

Affidavit of Publication 

Copy of Notice to Secretary of State 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 Statement (including any description of changes) 

Final Fiscal Impact Statement (including any description of changes) 

Negotiated Rulemaking Notice, if applicable 

Regulations on Diskette (or filed electronically) 

Memorandum to the Governor with Checklist and Information