Nebraska Administrative Code
Nebraska Department of Environment and Energy

Title 129 - Air Quality Regulations
Chapter 10 - Permits - Public Participation
Effective Date of Last Revision: September 28, 2022

001 Scope. Except for modifications qualifying for administrative or minor permit revisions in Chapter 9, all Class I and Class II operating permit proceedings, including initial permit issuance, significant modifications, and renewals, and unless otherwise provided by rule, all construction permit proceedings, will provide for public notice, an opportunity for comment, and an opportunity to request a public hearing pursuant to Nebraska Administrative Code Title 115 – Rules of Practices and Procedures.

002 Public Hearings.
002.01 The applicant, any affected State or TAS, any interstate agency, the Administrator, or any interested agency, person, or group, may request or petition the Director, in writing, within the 30 day comment period of the public notice, for a public hearing, and state the nature of the issues to be raised and all arguments and factual grounds supporting their position.

002.02 The Director may hold a public hearing if the comments, requests, or petitions raise legal, policy or discretionary questions of general application not pertaining solely to a particular party and significant public interest exists with respect to the application.
003 Public notice of hearing. In addition to the public notice described in 001 above, the public notice of a hearing under 002 will be published according to the procedures of 001 and include the following additional information:
003.01 Reference to the date of the previous notices relating to the permit;
003.02 Date, time, and place of hearing;
003.03 A brief description of the nature and purpose of the hearing, including the applicable rules and procedures; and

003.04 A concise statement of the issues raised.

004 At the time that any final permit decision is issued, the Department will issue a response to significant comments received during the comment period and public hearing. The response to comments will be made available to the public.

005 The Department will make and keep a record of the commenters and of the issues raised during the public participation process. This record will be made available to the Administrator of EPA in fulfillment of the obligation under Section 505(b)(2) of the Act to determine whether a citizen petition may be granted. Such record will also be available to the public.

006 The Department will notify the applicant in writing of the final determination and make such notification available for public inspection at the same location where the Department made available preconstruction information and public comments related to the source.

Enabling Legislation: Neb. Rev. Stat. §81-1504(1)(2); 81-1505(12)