



  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 Environmental Protection Act" specifies that the Nebraska Department of Environmental Quality {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 NDEQ that 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-to- day 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 non- attainment with regards to the 2010 SOz 1-hour NAAQS, but the designation for Nebraska has been deferred 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".


 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
 Environmental Protection 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 Environmental Protection  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, or instrumentality 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 Environmental Quality 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 Revised Statutes 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





        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,
        I
(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 DEQ the 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 concerning the 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 I of 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
 Environmental Protection 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 Revised Statutes of Nebraska allows the Nebraska Department of Environmental Quality (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
           --	--	----     ---


 upon any application for such 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
 NDEQ to collect emission fees.





                                                                              i
 §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 NDEQ to 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.






































                           -
