Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 14 - NUTRIENT MANAGEMENT PLAN REQUIREMENTS, FIELD ASSESSMENTS, AND PERFORMANCE STANDARDS › Section 130-14-005

Current through June 17, 2024
If a permittee makes any modifications to a nutrient management plan
	 previously submitted to the Director, the permittee shall notify the Director
	 of the changes. If the changes to the nutrient management plan qualify as a
	 major modification of a construction and operating permit, as defined in
	 Chapter 1
028
, the permittee shall submit an
	 application in accordance
005.01 with
  Chapter 4 of this Title. When the changes do not constitute a major
  modification, the following procedures apply: The CAFO owner or operator shall
  provide the Director, if requested, with the most current version of the CAFO's
  nutrient management plan and identify changes from the previous version, except
  that the results of calculations made in accordance with the requirements of
  paragraphs
003.01A5
and
004.02
of this Chapter are not considered changes to
  the nutrient management plan.
005.02 The Director shall review the revised
  nutrient management plan to ensure that it meets the requirements of this
  Chapter and applicable effluent limitations and standards and shall determine
  whether the changes to the nutrient management plan necessitate revision to the
  permit terms of the nutrient management plan incorporated into the permit
  issued to the CAFO. If revision to the permit terms for the nutrient management
  plan is not necessary, the Director shall notify the CAFO owner or operator and
  upon such notification the CAFO may implement the revised nutrient management
  plan. If revision to the permit terms for the nutrient management plan is
  necessary, the Director shall determine whether such changes are substantial
  changes as described in paragraph
005.03
below.
005.02A If the Director determines that the
  changes to the permit terms for the nutrient management plan are not
  substantial, the Director shall make the revised nutrient management plan
  publicly available and include it in the permit record, revise the permit terms
  for the nutrient management plan incorporated into the permit, and notify the
  owner or operator and inform the public of any changes to the permit terms of
  the nutrient management plan that are incorporated into the permit.
005.02B If the Director determines that the
  changes to the permit terms for the nutrient management plan are substantial,
  the Director shall notify the public and make the proposed changes and the
  information submitted by the CAFO owner or operator available for public review
  and comment. The process for public comments, hearing requests, and the hearing
  process if a hearing is held shall follow the procedures applicable to draft
  permits set forth in Title 119. The Director may establish, in the CAFO's
  permit, an appropriate period of time for the public to comment and request a
  hearing on the proposed changes that differs from the time period specified in
  Title 119. The Director shall respond to all significant comments received
  during the comment period and require the CAFO owner or operator to further
  revise the nutrient management plan if necessary, in order to approve the
  revision to the permit terms of the nutrient management plan incorporated into
  the CAFO's permit. Once the Director incorporates the revised permit terms of
  the nutrient management plan into the permit, the Director shall notify the
  owner or operator and inform the public of the final decision concerning
  revisions to the terms and conditions of the permit. Substantial changes to the
  terms of a nutrient management plan incorporated as terms and conditions of a
  permit include, but are not limited to: