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State of Nebraska
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CAFO NPDES General Permit (NEG023000)
August 24, 2022
September 29, 2022


On CAFO NPDES General Permit (NEG023000)

Notice is hereby given that the Nebraska Department of Environment and Energy (NDEE) will hold a public hearing on September 29, 2022, beginning at 7:00 P.M. Central Time (CT). The hearing will be held at the NDEE Lincoln Office located at 245 Fallbrook Blvd, Lincoln, NE 68521. The purpose of the hearing is to take testimony and evidence regarding the proposed issuance of a General Permit (NEG230000) under the National Pollutant Discharge Elimination System (NPDES) program for Concentrated Animal Feeding Operations (CAFOs) to prevent discharges to Waters of the State. The draft permit has been prepared for CAFOs that confine cattle, either in open lots or under roof. Based on Nebraska Administrative Code (N.A.C.) Title 119 – Rules and Regulations Pertaining to the Issuance of Permits under the National Pollutant Discharge Elimination System and N.A.C. Title 130 – Livestock Waste Control Regulations, the NDEE has determined that these type of CAFOs are suitable for coverage under an NPDES General Permit. CAFOs eligible for coverage under the General Permit include those operations that are within the State of Nebraska, but not on Tribal Land; confine cattle either in open lots or under roof; have constructed livestock waste control facilities capable of controlling all process wastewater, including runoff from a 25-year, 24-hour storm event; and comply with N.A.C. Title 130.

During the initial public comment period between June 30, 2022 and July 30, 2022, commenters raised concerns with the draft permit and requested a public hearing. Areas of concern include lack of clarity with regard to the size and species under the scope of the permit; the inclusion of truck washes; the omission of anaerobic digesters; animal mortality management; and reporting requirements.

A public informational meeting regarding the permit will be held from 4:30 P.M. to 5:30 P.M. at the NDEE Lincoln Office. NDEE staff will be available to answer questions. Comments received during the informational meeting will not be a part of the administrative record.

The draft permit and supporting materials are available for review online at under Public Notices and at the NDEE Lincoln Office by contacting the Records Management Section, NDEE, 245 Fallbrook Blvd., Lincoln, NE, telephone: (402) 471-3557; FAX (402) 471-2909.

All interested persons may attend and testify verbally or by written submission at the public hearing. Interested persons should provide notice in advance to attend or testify at the public hearing by contacting the NPDES & State Permits Section at:
via email to,
or via mail to P.O. Box 98922, Lincoln, NE 68509-8922, not later than 5:00 P.M. CT, September 28, 2022.

(See attached file: 7-1-2022 - LWC - 995928 - DEQ Fact Sheet - DRAFT BASIS OF PERMIT.pdf)Interested persons may also submit written comments prior to the hearing, which will be entered into the hearing record and considered in the final decision on the issuance of the permit if received by the NDEE not later than 5:00 P.M. CT, September 28, 2022. Written comments may be submitted to: NPDES & State Permits Section, via email to or via mail to P.O. Box 98922, Lincoln, NE 68509-8922. Written comments received after September 28, 2022 will not be considered unless submitted at the public hearing.

All persons, including applicants, who believe any condition of the draft permit is inappropriate or that the director’s tentative decision to issue NPDES General Permit NEG023000 is inappropriate, must raise all reasonably ascertainable issues and submit all reasonably available arguments supporting their position by the close of the public hearing.

Please notify the NDEE at least one week in advance of the hearing if auxiliary aids or reasonable accommodations or alternate formats of materials are needed. Contact phone number is 402-471-2186. TDD users call 800-833-7352 and ask the relay operator to call us at 402-471-2186.

The NDEE does not discriminate on the basis of race, color, national origin, disability, age, or sex in administration of its programs or activities, and NDEE does not intimidate or retaliate against any individual or group because they have exercised their rights to participate in or oppose actions protected/prohibited by 40 C.F.R. Parts 5 and 7, or for the purpose of interfering with such rights.
(See attached file: 7-1-2022 - LWC - 995928 - DEQ Draft Permit - NPDES CAFO CONFINING CATTLE.pdf)

SizeFile Name
1,116 KB 7-1-2022 - LWC - 995928 - DEQ Fact Sheet - DRAFT BASIS OF PERMIT.pdf
17,717 KB 7-1-2022 - LWC - 995928 - DEQ Draft Permit - NPDES CAFO CONFINING CATTLE.pdf