Nebraska Grain and Feed Association
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NGF, ANEEP, UTILITIES TURN BACK PROPOSED NDEQ RULES!

Proposed Regs Detrimental to Grain, Ethanol & Utilities

The Nebraska Grain and Feed Association (NGF) joined other organizations on December 1, 2012 to vigorously oppose proposed Nebraska Department of Environmental Quality (NDEQ) clean air amendments that if adopted would have had an extremely detrimental impact on grain elevator, ethanol and energy utility projects seeking construction, expansion or operating permits.  Industry opposition compelled NDEQ staff to withdrawal the proposed amendments until a later date.

Led by Loran Schmit, Executive Director of the Association of Nebraska Ethanol Producers (ANEEP), NGF Executive Vice President Pat Ptacek joined other interests in voicing their objections to the Environmental Quality Council (EQC) over proposed rules which would have been stricter than current federal Environmental Protection Agency (EPA) requirements.  The proposed rules would also use past and present Administrative Records and Fact Sheets to determine clean air compliance under existing or future construction and operating permits.

Industry stakeholders argued that the Administrative Record and Fact Sheets accompanying a permit have never previously been considered as an enforceable document or been treated as such by NDEQ or the regulated community.  These fact sheets and administrative records are usually developed by the regulated industries as a guide for project design and operations prior to or during the application process for obtaining construction or operating permits and reviewed at that time by NDEQ staff to ensure compliance.  However, the proposed amendment to Title 129 would make Administrative Records and Fact Sheets legally enforceable documents and become retroactive for sources that have already received permits prior to January 1, 2011. 

Opponents argued that the Fact Sheet is intended as an explanatory document that clarifies technical and regulatory justification for the terms and conditions imposed on a regulated source through its construction permit and is intended as a summary of the administrative record supporting the permit action.  If the proposed rules were adopted, any discussion contained in past Fact Sheets or any other documents in the administrative record regarding condensable particulate matter emissions would now potentially become legally enforceable.

Ptacek argued against adoption of the rules stating that it was the industries understanding after the June EQC meeting that the federal rule amending Title 129 would be adopted verbatim.  The language proposed by NDEQ would make the rule more stringent than the federal rule, and Ptacek questioned if the language could be supported by EPA. 

After the EQC received ANEEP testimony and reviewed the testimony prepared by NGF and other stakeholders including Piyush Srivastav representing NICE  NPPD and OPPD, NDEQ Deputy Director Jay Ringenberg withdrew the amendment promising to resubmit more acceptable language at the March, 2012 EQC meeting.

 

calendar of events

August 4, 2017

NeGFA Summer Meeting & Golf Outing

York Country Club

York, NE

 

 

 

 

contact us

Nebraska Grain and Feed Association
4600 Valley Road, Suite 416
Lincoln, NE 68510-4844
Phone: 402-476-6174
Fax: 402-476-3401