NDEQ Air Toxics Implementation Strategy
Introduction
Due to the substantial influx of standards, it is imperative the Air Division (Division) has a strategy to
successfully implement and enforce those standards. This implementation strategy will enable the
Division to proceed more efficiently. The strategy is comprised of the following sections:
 Implementation Milestones and Timelines
 Prioritizing Future Actions
 Adoption of Standards
 Schedule for Review
Implementation Milestones & Timelines
This section focuses on the milestones taking place after the standard is promulgated. Prior to the
MACT standard promulgation date the Division reviews the proposals; comments are developed as
necessary; the universe of facilities to be regulated is identified; and affected sources and other
stakeholders are contacted.
EPA’s Implementation Timeline
To fully understand the components of NDEQ’s role in implementation, it is important to understand
EPA’s implementation timeline for the MACT Standards. See Figure 1 – EPA’s MACT
Implementation Timeline obtained from EPA’s MACT Implementation Strategy, September 1997. All
of the MACT standards follow the same course of action beginning at the promulgation date. It is
important to note that the timeline will vary for new and existing sources; however the milestones will
remain the same.
After the standard is promulgated and prior to the Initial Notification deadline, EPA begins training
their staff, States, Locals, and Tribes. EPA will begin identifying sources once they are familiar with
the applicability requirements. This occurs at the same time they begin conducting outreach and
compliance assistance.
Enforcement could begin this early in the stage if new or existing affected sources have not submitted
their Initial Notifications or if new sources are not complying with the standard. Compliance
assurance with the standard will not begin until the compliance date for existing sources. The
compliance date for existing sources is typically three years following the promulgation date. Many
MACT sources are required to conduct performance tests to demonstrate compliance with the standard.
Compliance Status Notifications are typically due 60 days after the performance test or 60 days after
the compliance deadline if no testing is required. MACT standards require periodic reporting,
quarterly, semiannually, or yearly, in which sources will report their compliance status and deviations
that have occurred.
EPA’s Office of Air Quality Planning and Standards (OAQPS) creates an Implementation Tool
Development Plan for each standard. The plan provides information on what implementation tools are
planned for each rule, who they are partnering with to develop tools, and when the tools are expected
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to be available for use. They begin this process once the standard is promulgated or sooner and
continue tool development until their planned actions are complete.
Figure 1: EPA’s MACT Implementation Timeline
Timeline
120 days
Promulgation
Date
<3 years from
promulgation
Initial
Notification
180 days after
compliance date
Compliance
Date
60 days
Performance
Test
Milestones
3 – 12 months
Compliance
Status
Notification
Compliance &
Periodic
Reporting
Education
Identify Sources
Outreach and Compliance Assistance
Compliance Assurance
Enforcement
Additional Activities (creating implementation tools, coordinating with States, Locals, & Tribes, etc.
NDEQ’s Implementation Timeline
NDEQ’s implementation timeline for the MACT standards incorporates the same milestones as EPA’s,
however, NDEQ conducts additional activities and some activities within the timeline are completed in
a different sequence (Figure 2).
NDEQ begins identifying potential sources once the standard is proposed and actively continues that
process until the compliance deadline. The NDEQ MACT Coordinator informs the Division of the
standards and develops a system to track the regulations and potential sources subject to them. This
process coincides with education activities. The Division begins searching for training opportunities
conducted by EPA and begins to evaluate the need to conduct internal training for the Division.
Once the standards are proposed and/or promulgated, potential sources and stakeholders are notified.
NDEQ begins providing outreach and compliance assistance early in the implementation process. By
conducting outreach and compliance assistance early in the implementation process, the Division is
able to better evaluate and prepare for assistance and outreach that is needed prior to the compliance
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deadline. NDEQ may also develop guidance documents, fact sheets, or other implementation tools as
necessary. The MACT Coordinator coordinates with EPA and assists in tool development when
appropriate.
One year after EPA promulgates a MACT standard, NDEQ determines if it is necessary to adopt the
standard into Title 129 – Nebraska Air Quality Regulations. The criteria used to determine if a
standard should be adopted are discussed later in this document. NDEQ typically waits one year after
a standard is promulgated to adopt the rule because oftentimes there are lawsuits, amendments, and
corrections to the standard soon after it is promulgated. By waiting, we can avoid adopting a standard
that is incorrect or challenged in court. Usually, any problems or issues with the standard are corrected
within a year or so.
The enforcement and compliance assurance components of the timeline are similar to EPA’s.
Voluntary compliance measures are most often utilized early in the process and may involve violations
such as failure to submit notifications and recordkeeping violations. It is preferable to inspect MACT
sources soon after the compliance deadline. This assures the sources do not remain out of compliance
for a long period of time. NDEQ incorporates the MACT requirements into the permits once they are
promulgated. NDEQ reviews the submitted compliance reports and continues compliance assurance
and enforcement measures as long as the source is operating.
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Figure 2: NDEQ’s Air Toxics Implementation Timeline
Timeline
120 days
Promulgation
Date
<3 years from
promulgation
Initial
Notification
180 days after
compliance date
Compliance
Date
60 days
Performance
Test
3 – 12 months
Compliance
Status
Notification
Compliance &
Periodic
Reporting
Milestones
Identify Sources, inform Air Division,
develop tracking
Education – receive training from EPA & determine
and conduct appropriate internal training
Outreach and Compliance Assistance – Contact sources, develop guidance
documents
Adopt into Title 129
Compliance Assurance – Inspections, report reviews, etc., &
determine if further assistance and outreach needed
Permitting & Enforcement
Prioritizing Future Actions
To better prepare for the implementation and enforcement of the MACT standards, the milestones
previously identified in NDEQ’s MACT Implementation Timeline (Figure 2) were used to assess the
actions completed and to determine the timeframe to complete each milestone. Additional criteria were
used to further prioritize the recommendations including; promulgation date, compliance date, number
of potential or known sources, tools currently available, and outreach conducted. Table 1 lists each of
the standards, the criteria used in the prioritization, and the recommended action.
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Implementation Milestones, Section Responsible for Implementation, Timelines, and
Recommendations
 Identify sources – Air Toxics Coordinator lead with help from Program Planning &
Development Team (PPD), Compliance, & Permitting
o The Division has begun source identification for all listed standards.
o Contact trade associations, send emails to the listserv participants, provide information
via AirWaves articles and Air Updates to inform potential affected sources of the rules.
o Source identification will continue as the Initial Notifications are received.
 Education – PPD Team & Small Business & Public Assistance Program (SBPA)
o Internal training for Division staff will be conducted for the standards having three or
more sources subject. Internal training for standards having less than three sources
subject may occur as needed.
o Internal training timelines are based upon the compliance date of the standard.
o The Air Toxics Coordinator will continue to build upon the materials in the Air Toxics
Notebook and update it at least monthly, as needed.
o The Division Training Coordinator will keep the Division informed of training offered
by outside entities such as EPA, CARB, CenSARA, etc.
 Outreach and Compliance Assistance – PPD Team, Compliance, & SBPA
o Most sources have been notified of the promulgated standards and given an Initial
Notification form to complete and submit.
o EPA has developed several tools and guidance documents for the listed standards. The
Air Toxics Coordinator will assist in developing implementation tools and guidance
documents, as needed and as resources allow. The Division will evaluate the need to
create additional documents.
o Further outreach for industry in the form of guidance materials and/or training is
recommended for regulations affecting large numbers of sources and where there may
be potential implementation/enforcement concerns.
o Air Toxics 101 training for industry and the Air Division should occur annually or as
needed. The training covered Clean Air Act requirements, General Provisions,
Implementation strategy, and the overall air toxics framework.
o For those standards with less than three sources subject, one-on-one assistance is
recommended.
 Adoption into Title129 – PPD Team
o This is discussed in greater detail in the following section.
 Compliance Assurance, Enforcement, & Permitting – Compliance & Permitting
o Air Toxics standards are incorporated into air quality permits as applicable.
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o It is recommended to assess compliance with the standards within six months of the
compliance date. Compliance dates are included in the “NESHAP Implementation
Table” and highlighted yellow if the compliance date has not passed.
o Permit writers and compliance staff review the standards for applicability and
compliance information. Applicable information is placed in the permit and/or fact
sheet. The Air Toxics Coordinator develops a citation table and/or guidance materials
to be placed on the Air Toxics Notebook.
This strategy has addressed only those standards in which there are currently potential or known
sources. The Air Toxics Coordinator will continue to evaluate new and existing HAP sources and
make changes to the strategy, as needed.
Adoption of Standards
As stated in the previous section, adopting promulgated standards into Title 129 is a component of Air
Toxics implementation. Air Toxics standards may be adopted into Title 129 one year after
promulgation. However, it isn’t necessary to adopt all of the standards into Title 129. There may be
standards promulgated that would not likely affect sources in NE. Table 2 lists promulgated standards
that have not been adopted into Title 129, promulgation date, whether sources exist or the likelihood of
possible sources, and recommendation to adopt the standard. This list has been forwarded to the
Nebraska Department of Economic Development for comment and review.
TABLE 2 – Air Toxics Standards & Title 129 Adoption
Subpart
L
Y
II
QQQ
J
XX
QQQQQ
CCCCC
BBBBB
MACT Standard
Promulg.
Date
Considerations
Recommendation
to Adopt
Coke Oven Batteries
Marine Vessel Loading
Operations
Ship Building & Repair
Primary Copper Production
10/27/93
9/19/95
Source not likely
Source not likely
No
No
12/16/96
6/12/02
No
No
Polyvinyl Chloride &
Copolymers
7/10/02
Ethylene Manufacturing
Process Units
(Heat Exchange Systems &
Waste Operations)
Friction Materials Mfg.
7/12/02
Source not likely
Not likely, only 3 in
US
Not likely, 28 in US, 0
projected growth in
next 5 yrs
NE source accepts
waste and must comply
with provisions
Coke Ovens: Pushing,
Quenching, & Battery
Stacks
Semiconductor Production
10/18/02
No
Yes
No
4/14/03
Not likely, only 4 in
US
Source not likely
5/22/03
Not likely, 7 in US
No
No
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Subpart
TTTTT
RRRRR
IIIII
II
VVVVVV
AAAAAAA
BBBBBBB
CCCCCCC
DDDDDDD
EEEEEEE
DDDDD
JJJJJJ
JJJJJ
KKKKK
DDDD
MACT Standard
Promulg.
Date
Considerations
Recommendation
to Adopt
Primary Magnesium
Refining
Taconite Iron Ore
Processing
Mercury Emissions from
Mercury Cell Chlor-Alkali
Plants
10/10/03
Source not likely
No
10/30/03
Source not likely
No
12/19/03
10 in US, not likely
No
Ship building and repair
(surface coating operations)
Unlikely in Nebraska
No (7/08) because
republic noticed
rule
Yes – to EQC
December 2011
Yes – to EQC
December 2011
Yes – to EQC
December 2011
Yes – to EQC
December 2011
Yes – to EQC
December 2011
No
Chemical Mfg. (area
sources)
Asphalt Processing &
Roofing
Chemical Preparation
10/29/09
Yes
12/2/09
No – potential sources
12/30/09
No – potential sources
Paint & Allied Products
Mfg.
Prepared Feeds Mfg.
12/3/09
1/5/10
LLCHD – potential
sources in rest of state
Yes
Gold Mine Ore Processing
& Production
Commercial, Industrial,
Institutional Boilers &
Process Heaters – Major
sources
Commercial, Industrial,
Institutional Boilers – Area
Sources
Brick & Structural Clay
Products Mfg.
Clay Ceramics Production
Plywood & Composite
Wood Products
Final 2/17/11
Not likely
Final 3/21/11
Yes
Yes – stay &
reconsideration
Final 3/21/11
Yes
Yes reconsideration
vacated
Yes
Yes
vacated
vacated
No - possible
No – possible
Yes
Yes
Italicized Subparts are currently proposed or vacated and scheduled for proposal.
Based on the considerations listed in Table 2, the recommendation is to adopt the standards in the table
above into Title 129 according to the following timeline:
 December 2011 – Subparts VVVVVV, AAAAAAA, BBBBBBB, CCCCCCC, & DDDDDDD
Schedule for Review
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The following events will trigger review and possible amendment to the implementation strategy: new
regulations promulgated; sources becoming subject to existing standards; new sources subject to
standards listed in Table 1; standards added to the Title 129 adoption list; or new milestone
recommendations. The strategy will be reviewed and amended (as necessary) by the Air Toxics
Coordinator quarterly.
All activities completed and planned activities for each rule are included in the attached spreadsheet
(NESHAP Implementation Table.xls). The spreadsheet is updated each time a regulation is
promulgated or implementation activities are completed or planned. The spreadsheet is placed on the
Air Toxics Notebook Database within Lotus Notes and placed in General Information – Internal.
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