Public Notice Information
Nebraska Regional Haze SIP Revision

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September 6, 2023
November 8, 2023

Notice of Intent to Revise Nebraska’s Regional Haze State Implementation Plan

Extension of Comment Period

Notice is hereby given to the public that the Department is extending the public comment period for Nebraska’s Regional Haze State Implementation Plan (SIP). The proposed SIP revision addresses the requirements in section 169A of the Clean Air Act (CAA) and the Regional Haze rule, Title 40 Code of Federal Regulations (CFR) 51.308. The revised plan addresses the second implementation period of the Regional Haze rule (2018-2028) and is the second of six ten-year plans required by the CAA; it evaluates Nebraska’s progress in implementing the Regional Haze rule and identifies emission reduction measures, which are necessary for the second implementation period, to make reasonable progress in reaching the Environmental Protection Agency’s (EPA) goal of eliminating man made visibility impairment at federally designated Class I areas by 2064. The revised SIP will be submitted to the U.S. Environmental Protection Agency (EPA) for review and approval following the public notice and comment period.

NDEE consulted with Federal Land Managers (FLMs) from the National Park Service (NPS), U.S. Forest Service, and U.S. Fish and Wildlife Service, and provided to them a copy of its draft Regional Haze SIP on November 17, 2022, for review. FLM feedback and recommendations were provided to NDEE on January 31, 2023, and are summarized as follows:
  • NPS supported Nebraska’s selection of two facilities selected for four-factor analysis and encouraged the state to evaluate four additional facilities; Nebraska responded with a detailed explanation of its source selection process and rationale.
  • NPS conducted its own analyses of the six facilities to identify cost-effective controls, and encouraged Nebraska to reconsider both sulfur dioxide (SO2) and nitrogen dioxide (NOx) emission measures to require cost-effective controls to reduce the most haze-causing emissions; Nebraska responded with a detailed explanation of its cost analyses and factors considered when determining the necessity and reasonableness of controls.
  • NPS had concerns about Nebraska’s rationale for rejecting potential control measures and its consideration of affordability and visibility benefits; Nebraska responded with a detailed explanation of its cost analyses and factors considered when determining the necessity and reasonableness of controls.
  • U.S. Forest Service concurred, in general, with the findings and recommendations submitted by the NPS; it also recommended that Nebraska use the EPA Control Cost Manual in its cost analysis, that the state reconsider SO2 and NOx controls, and noted that visibility was not a factor for consideration in this process and the use of the Uniform Rate of Progress (URP) glideslope was not supported by the Regional Haze Rule; Nebraska responded with a detailed explanation of its cost analysis and determination of the necessity and reasonableness of controls.

Documents from this consultation process, including FLM comments/analyses and Nebraska’s responses, are contained in Appendix D of the SIP.

The proposed SIP revision and supporting documents are available for inspection* by the public through 4:00 PM November 8, 2023 at the office of the NDEE, 245 Fallbrook Boulevard, STE 100, Lincoln, Nebraska, and electronically at Comments received during this period will be considered prior to finalizing the SIP revision. To submit comments, you may contact the NDEE by email via or by mail submitted to the attention of Tracy Wharton, Legal Division, P.O. Box 98922, Lincoln, Nebraska 68509-8922.

*Due to size constraints, appendices to the SIP will be available in electronic format only.

In addition to accepting written comments, NDEE will also hold a public hearing at 9:00 AM on November 9, 2023 at 245 Fallbrook Blvd, Lincoln, Nebraska. Please notify the NDEE if auxiliary aids, reasonable accommodations or alternate formats of materials are needed at least one week in advance of the scheduled hearing. Contact phone number is (402) 471-2186. TDD users please call 711 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: Nebraska DRAFT RH SIP revision 24 Aug 2023.pdf)(See attached file: Appendices Index.docx)(See attached file: B-2023-08-28-Additional-Sources-Discussed-During-FLM-Consult-2.pdf)(See attached file: 1-Visibility at Class I attached file: 2-Cost Analysis attached file: 3-FLM and State attached file: 4-Information attached file: 5-Nebraska Source Selection attached file: 6-NPPD attached file: 7-OPPD attached file: 8-Ethanol and RVP

SizeFile Name
2,212 KB Nebraska DRAFT RH SIP revision 24 Aug 2023.pdf
39 KB Appendices Index.docx
1,146 KB B-2023-08-28-Additional-Sources-Discussed-During-FLM-Consult-2.pdf
3,127 KB 1-Visibility at Class I
505 KB 2-Cost Analysis
20,288 KB 3-FLM and State
5,342 KB 4-Information
19,240 KB 5-Nebraska Source Selection
138,104 KB 6-NPPD
32,939 KB 7-OPPD
3,115 KB 8-Ethanol and RVP